Example of Prejudicial Acts Should not be performed otherwise there will be

Example of prejudicial acts should not be performed

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Example of Prejudicial Acts Should not be performed, otherwise, there will be liability for damages. However, in the case of remission or condonation, the solidary creditor is allowed to so remit, and the obligation is extinguished. Art. 1214. The 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. (1142a) Payment to Any of the Solidary Creditors - The rule is that the debtor may pay any one of the creditors. But when a demand is made by any of the creditors, payment should be made to him who made the demand, judicially or extra-judicially. Example - A is liable to B and C P5, 000. A may pay either B or C but if B made a demand then payment should only be made to him. If A Paid C, B is still entitled to his share from A incase C does not turn over to B his share. Art. 1215. Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article 1219. Liability of Solidary Creditor in case of Novation, Compensation, Confusion or Remission- When a creditor who executed any of these acts, it is logical that he is liable to the other solidary creditors for their correspondi ng shares considering that such acts are prejudicial to them. (Art. 1212, NCC) Art. 1216. The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. The demand made against one of them shall not be an obstacle to
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those which may subsequently be directed against the others, so long as the debt has not been fully collected. (1144a) Creditor May Proceed Against Any Solidary Debtor In a solidary obligation, the creditor may proceed against any, some or all of the solitary creditors simultaneously so long as it has not been fully collected. Example - A, B and C solidarily owe D the amount of P9, 000. D can collect from A or B or C alone or from any two of them or all of them simultaneously. If demand is made on A, the latter cannot require D to make a demand also on B and C or to include them as party defendants as D has the right to proceed against any one of them. Art. 1217. Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept. He who made the payment may claim from his co-debtors only the share which corresponds to each, with the interest for the payment already made. If the payment is made before the debt is due, no interest for the intervening period may be demanded. When one of the solidary debtors cannot, because of his insolvency, reimburse his share to the debtor paying the obligation, such share shall be borne by all his co-debtors, in proportion to the debt of each. (1145a) Effects of Payment by a Solidary Debtor Payment is one of the ways by which an obligation is extinguished and consist in the delivery of the thing or the rendition of the service which is the object of the obligation.
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