Obligations+and+Contracts.printable

Mixed on the part of the obligors and obligees or the

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Unformatted text preview: is divided equally between creditors as among themselves • Debtor may pay any of the solidary creditors 2. Passive – on the part of debtors or obligors • EFFECTS: • Each debtor may be requested to pay whole obligation with right to recover from codebtors • Interruption of prescription to one creditor affects all • Interest from delay on 1 debtor is borne by all 3. Mixed – on the part of the obligors and obligees, or the part of the debtors and the creditors 4. Conventional – agreed upon by the parties 5. Legal – imposed by law • Instances where law imposes solidary obligation: a. Obligations arising from tort b. Obligations arising from quasi-contracts c. Legal provisions regarding obligation of devisees and legatees d. Liability of principals, accomplices, and accessories of a felony e. Bailees in commodatum • EFFECTS: a. Payment made before debt is due, no interest can be charged, otherwise – interest can be charged b. Insolvency of one – others are liable for share pro-rata c. If different terms and conditions – collect only what is due, later on collect from any d. No reimbursement if payment is made after prescription or became illegal e. Remission made after payment is made – codebtor still entitled to reimbursement f. Effect of insolvency or death of co-debtor – still liable for whole amount g. Fault of any debtor – every one is responsible – price, damage and interest Page 113 of 297 Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 h. Complete/ personal defense – total or partial ( up to amount of share only ) if not personal to him EFFECT OF LOSS OR IMPOSSIBILITY OF THE PRESTATION: 1. If without fault – no liability 2. If with fault – there is liability (also for damage and interest) 3. Loss due to fortuitous event after default – there is liability (because of default) DIVISIBLE AND INDIVISIBLE OBLIGATIONS (See Arts. 1223 – 1225) DIVISIBLE - obligation that is capable of partial performance • •...
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