Chapter 3 - Section 4 - Joint and Solidary Obligations

Question 1

One debtor/obligor and one creditor/obligee

Answer 1

Individual Obligation

Question 2

Two or more debtors and/or two or more creditors. It may be joint or solidary.

Answer 2

Collective Obligation

Question 3

Entire obligation is to be paid or fulfilled proportionately by the different debtors and / or is to be demanded proportionately by the different creditor. TO EACH HIS OWN

Answer 3

Joint Obligation

Question 4

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. ONE FOR ALL, ALL FOR ONE

Answer 4

Solidary Obligation

Question 5

Solidarity on the part of the debtors, where any one of them can be made liable for the fulfillment of the entire obligation. It is in the nature of a mutual guaranty.

Answer 5

Passive solidarity

Question 6

Solidarity on the part of the creditors, where any of them can demand the fulfillment of the entire obligation.

Answer 6

Active solidarity

Question 7

Solidarity on the part of the debtors and creditors, where each one of the debtors is liable to render, and each one of the creditors has a right to demand entire compliance with the obligation.

Answer 7

Mixed solidarity

Question 8

Mancomunada, Mancomunadamente, Pro rata, Proportionately, “WE promise to pay”, Jointly, Conjoint

Answer 8

Joint

Question 9

Jointly and severally, Solidaria, Solidium, Together and separately, Individually and collectively, Juntos o separadamente, “I promise to pay”

Answer 9

Solidary

Question 10

The parties are merely proportionately liable. The object or subject matter is not physically divisible into different parts.

Answer 10

JOINT INDIVISIBLE OBLIGATION

Question 11

When the parties are bound by the same stipulations

Answer 11

Uniform

Question 12

When the parties are not subject to the same stipulations.

Answer 12

Non-uniform or varied

Question 13

“demands’

Answer 13

Beneficial

Question 14

“renounces”

Answer 14

Prejudicial

Question 15

Transfer of right

Answer 15

Assign

Question 16

The total or partial extinction of an obligation through the creation of a new one which substitutes it.

Answer 16

Novation

Question 17

Takes place when two persons, in their own right, are creditors and debtors of each other.

Answer 17

Compensation

Question 18

The meeting in one person of the characters of creditor and debtor with respect to the same obligation.

Answer 18

Confusion or merger

Question 19

The gratuitous abandonment by the creditor of his right against the debtor; form of donation; acceptance of the obligor is necessary.

Answer 19

Remission or Condonation

Question 20

First demand shall not prevent subsequent demands on the other co-debtors, if the co-debtor first to have been required to fulfill obligation did not act on it.

Answer 20

Extrajudicial demands

Question 21

Article 1217

Answer 21

Between the solidary debtors and creditor(s)
Among the solidary debtors
Among the solidary creditors

Question 22

Consists in the delivery of the thing or the rendition (rendering) of the service which is the object of the obligation.

Answer 22

Payment

Question 23

Compensation for the use of borrowed money

Answer 23

Interest

Question 24

The solidary debtor who made the ________ _______ is entitled to be reimbursed only for such amount of money which he had paid and which exceeds his own share in the obligation.

Answer 24

Partial payment

Question 25

Must be brought within TEN YEARS from the time the right of action accrues:

Answer 25

Upon a written contract; Upon an obligation created by law; Upon judgment.

Question 26

Must be commenced within SIX YEARS:

Answer 26

Upon an oral contract; Upon a quasi-contract.

Question 27

Must be instituted within FOUR YEARS:

Answer 27

Upon an injury to the rights of the plaintiff; Upon a quasi-delict

Question 28

Payment First, Remission is of No Effect

Answer 28

No more obligation to remit.

Question 29

Remission is made previous to the payment and payment is made

Answer 29

Solutio Indebiti Arises

Question 30

Loss is without fault and before delay

Answer 30

Obligation is extinguished

Question 31

Loss is due to fault on the part of a solidary debtor

Answer 31

All are liable because of their mutual agency

Question 32

Loss is without fault but after delay

Answer 32

All will be liable

Question 33

Defenses available to a solidary debtor such as payment, prescription, remission, statute of frauds, presence of vices of consent, etc.

Answer 33

Defenses derived from the nature of the obligation (COMPLETE DEFENSE)

Question 34

Defenses available to a solidary debtor such as minority, insanity and others purely personal to him.

Answer 34

Defenses personal to, or which pertain to share of, debtor sued (COMPLETE DEFENSE)

Question 35

Defenses available to a solidary debtor but only as regards that part of the debt for which the other creditors are liable.

Answer 35

Defenses personal to other solidary debtors creditors (PARTIAL DEFENSE)