Example A B and C are solidarily liable to D and E in the amount of P9 000 due

Example a b and c are solidarily liable to d and e in

This preview shows page 15 - 17 out of 20 pages.

Example - A, B and C are solidarily liable to D and E in the amount of P9, 000 due on Dec. 31. If both A and B offer to pay D on Dec. 31, the latter may choose which offer to accept. If A pays the entire amount ofP9, 000 on Dec. 31, the obligation is extinguished. Art. 1218. Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors if such payment is made after the obligation has prescribed or become illegal. (n) Effect of Payment After Obligation Has Prescribed or Become - Prescription- is one where one acquires ownership and other rights through legal- the lapse of time in the manner and under the conditions laid down by law. Example A and B are solidarily indebted to C in the amount of P10, 000. The debt prescribed. If A paid the debt, he cannot collect form B his share of the debt. Neither can A can recover from C.
Image of page 15

Subscribe to view the full document.

Becomes Illegal A and B are solidarily bound to deliver medical drugs to C. the transaction of such medical drugs were later prohibited by law. Notwithstanding the prohibition performed the obligation by delivering the prohibited drugs. B is not anymore entitled to reimbursement from A. 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 affected. (1146a) Remission by Creditor 1) If payment if made first, the remission is of no effect. There is no more to remit. 2) If remission is made prior to the payment and payment is made, then there is payment by mistake. 3) If one of the solidary debtors obtained remission on the whole obligation, he is not entitled to reimbursement from his co-debtors because remission is essentially gratuitous. 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. Remission by Creditor 1) If payment if made first, the remission is of no effect. There is no more to remit. 2) If remission is made prior to the payment and payment is made, then there is payment by mistake. 3) If one of the solidary debtors obtained remission on the whole obligation, he is not entitled to reimbursement from his co-debtors because remission is essentially gratuitous. Art. 1221. If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished. If there was fault on the part of any one of them, all shall be responsible to the creditor, for the price and the payment of damages and interest, without prejudice to their action against the guilty or negligent debtor. If through a fortuitous event, the thing is lost, or the performance has become impossible after one of the solidary debtors has incurred in delay through the judicial or extrajudicial demand upon him by the creditor, the provisions of the preceding paragraph shall apply.
Image of page 16
Image of page 17
  • Spring '19

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask 0 bonus questions You can ask 0 questions (0 expire soon) You can ask 0 questions (will expire )
Answers in as fast as 15 minutes