Chapter 3, Section 4
Kinds of obligation according to number of parties
1. individual obligation – only one obligor or one oblige
2. collective obligation – one where there are two or more debtors and/or two or more
creditors
a. joint obligations – whole obligation to be paid fulfilled proportionately by the
different debtors and/or demanded proportionately by different creditors
i. proportionately
ii. we promise to pay
b. Solidary obligations – (act of one is the act of all)each one of the debtors is
bound to render and/or each one of the creditors has a right to demand from
any of the debtors, entire compliance with the prestation
i. Jointly and/or severally
ii. Together and/or separately
iii. Individually and/or collectively
iv. I promise to pay
- kinds of solidarity
o according to parties bound
 passive – part of the debtors
 active – part of the creditors
 mixed solidarity – both
o according to source
 conventional – agreed upon by parties
 legal – imposed by law
 real – imposed by nature of obligation
Joint Indivisible obligation
Parties are merely proportionately liable. It is indivisible because the object or the subject
of the matter is not physically divisible into different parts
It is joint as to liabilities of debtors and rights of the creditors but indivisible as to
compliance
Art 1210
The indivisibility of an obligation does not necessarily give rise to solidarity, nor does
solidarity of itself imply indivisibility (Solidary ≠ indivisible)
Art 1211
Solidarity may exist although the creditors and the debtors may not be bound in the
same manner and by the same periods and conditions
Kinds of solidary obligation accdg to the legal tie
1. uniform –same stipulations
2. non uniform or varied – not subject to same stipulations
Art 1212
Each one of the solidary creditors may do whatever may be USEFUL to the others BUT NOT
ANYTHING WHICH MAY PREJUDICIAL TO THE LATTER
Art 1213
A solidary creditor cannot assign his rights without the consent of the others (3rdperson)
Art 1214
A debtor may pay any one of the solidary creditors but if any demand, judicial or
extrajudicial, has been made by one of them, payment should be made to him
Art 1215 (Deals with Solidary Obligations)
1. Novation – extinguished of old obligation replaced by a new obligation.
2. Compensation – both parties are debtors and creditors of each other.
3. Confusion – the debtor is also the creditor. (Cycle).
4. Remission - (condonation) extinguishment of obligation gratuitously.
Art 1216
The creditor may proceed against any one of the solidary debtors or some or all of the
simultaneously. The demand against one of the shall not be an obstacle to those which may
subsequently directed against the others, so long as the debt has not been fully collected.
Art 1217
- The creditor has the right to accept which mode of payment to accept if more than
one of the debtors offers payment.
- Debtor who makes payment can collect interest. If payment was made BEFORE the
debt is due, interest cannot be demanded from hi co-debtors.
Art 1218
Payment made by a solidary debtor shall not entitle him reimbursement from his codebtors if such payment is made AFTER THE OBLIGATION HAS PRESCRIBED or becomes ILLEGAL.
Prescribed – “lapsed”; no longer due and demandable; expired
Prescriptive period – time when rights should be exercised or else rights expire
Art 1219
The remission made by the creditor of the share which affects one of the solidary debtors
does not release the latter from his responsibility towards the co-debtors, in case the debt had
been totally paid by anyone of them before the remission was effected.
- if payment was made by the other debtor, the creditor should give back the condoned
amount
- If remission was made after debt was paid, the debtor A has the right to reimburse from
debtor B.
Art 1220
The remission of the whole obligation obtained by one of the solidary debtors does not
entitle him to reimbursement from his co-debtors
Art 1221
- Specific thing has been lost without the fault of the solidary debtors, obligation is
EXTINGUISHED. (no delay)
- If loss is caused by any one debtor, all debtors are responsible to the creditor. (Innocent
debtors can recover from debtor at fault.)
- If a thing is loss because of a fortuitous event after DELAY, debtors are responsible to the
creditor still.
Art 1222
A solidary debtor may, in actions filed by the creditor, avail himself of ALL DEFENSES
which are derived from the nature of the obligation and of those which are personal to him, or
pertain to his own share.
DEFENSES
- nature of the obligation
o expired/prescribed
- personal to him or pertains to his share
o insane
o below legal age
o incapacitated
- personal to other solidary debtors