3 A and B are liable to C and D for P9 000 There are two debtors and two

3 a and b are liable to c and d for p9 000 there are

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3) A and B are liable to C and D for P9, 000. There are two debtors and two creditors. Each creditor can demand only P4, 500 from each debtor. Kinds of Solidary Obligation Passive Example: X and Y are solidary debtors of Z in the amount of P10, 000 Active Example: X is liable to Y and Z for the amount of P10, 000. Band Y are solidary creditors. Mixed Solidarity - Example: X and Y are solidarity debtors to Z and M, solidary creditors in the amount of P 10, 000.
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Art. 1209. If the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors. If one of the latter should be insolvent, the others shall not be liable for his share. (1139) Indivisible Joint Obligation The object is indivisible and the T/E between the parties are merely proportionately liable. Example - A and B are jointly liable t o give C a particular c ar. The obligation s joint but since the object is indivisible, the creditor must proceed against al the joint debtor. If any of the joint debtors be insolvent, the others shall not be liable for others. Art. 1210. The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility . Indivisibility as Distinguished from Solidarity - Indivisibility refers to the subject matter while solidarity refers to the Tie between the parties. Examples: 1). Joint divisible obligation C and D are jointly liable to E forP10, 000. 2 ). Joint indivisible obligation C and D are jointly liable to give E their car. 3). Solidary divisible obligation C and D are solidarily liable to give E P10, 000. 4). Solidary indivisible obligation C and D are solidarily liable to give E their car. 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. (1140) The solidary character of the obligation is not destroyed even if the creditors and debtors are bound by different terms and conditions. The solidarity is still preserved by recognizing in the creditor the power of claiming from any or all debtors the payment of the entire obligation. Example - M and N solidarily bound themselves to pay a total of P20,000 to P, and T and E to the following conditions. M’s share will be due at the end of the year; N will get his share only after he passes the RST exams and P will get his share only after he painted the house of T. Art. 1212. Each one of the solidary creditors may do whatever may be useful to the others, but not anything which may be prejudicial to the latter. (1141a)
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Solidary Creditors May Do Useful Act; Not Prejudicial Act - A solidary creditor may do any act beneficial or useful to the others, but he cannot act prejudicial to them. Example of Beneficial Acts To interrupt the running of prescription, the act of one solidary creditor in making a judicial demand upon any of the solidary debtors is sufficient. (Art. 1155, NCC) Art. 1213. A solidary creditor cannot assign his rights without the consent of the others.
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