ART. 1207 & ART.

1208

 Individual Obligation- one where there is only one obligor and obligee.
 Collective Obligation- one where there are two or more debtors and two or more creditors. It may be joint or solidary.
 Joint Obligation- one where the whole obligation is to be paid or fulfilled proportionately by the different debtors and or is to
be demanded proportionately by the different creditors.
 Solidary Obligation- one where one of the debtors are bound to render and/or each one of the creditors has a right to demand
from any of the debtors.
 Other words used for joint obligations are: mancomunada; mancomunadamente; pro rata, proportionately.
 There is solidary liability only when: 1) the obligation expressly so states; 2) the law requires solidarity; 3) the nature of the
obligation requires solidarity.
 Other words used to indicate solidarity are: jointly and/or severally; solidaria, in solidum; together and/or separately;
individually and/or collectively; juntos o separadamente.
 Kinds of solidarity:
According to the parties bound:
1) Passive Solidarity- solidarity on the part of the debtors, where any one of them can be made liable for the fulfillment of the
entire obligation.
2) Active Solidarity- solidarity on the part of the creditors, where any one of them can demand the fulfillment of the entire
obligation.
3) Mixed Solidarity- solidarity on the part of the debtors and creditors, where each one of the debtor is liable to render, and
each one of the creditors has a right to demand, entire compliance with the obligation.
According to Source:
1) Conventional Solidarity- where solidarity is agreed upon by the parties. If nothing is mentioned in the contract relating to
solidarity, then the obligation is joint.
2) Legal Solidarity- where solidarity is imposed by the law.
3) Real Solidarity- where solidarity is imposed by the nature of the obligation.

ART. 1209

 Joint Indivisible Obligation- The obligation is joint because the parties are merely proportionately liable. It is indivisible
because the object or subject matter is not physically divisible into different parts.

ART. 1210

Indivisibilty and Solidarity Distinguished:

 Indivisibility refers to the prestation, while solidarity refers to the juridical or legal tie that binds ties;
 In indivisible obligations, only the debtor guilty of breach is liable for damages, while in solidary obligations, all of the debtors
are liable for the breach of the obligation committed by a debtor.
 Indivisibility can exist although there is only one debtor and one creditor, while in solidarity, there must be at least two debtors
or two creditors.
 In indivisible obligation, the others are not liable in case of insolvency of one debtor, while in solidary obligations, the other
debtors are proportionately liable.

ART. 1211

Kinds of solidary obligation according to legal tie:

 Uniform- when the parties are bound with the same stipulations; or
 Non- uniform or varied- when the parties are not subject to the same stipulations.

ART. 1212
  A solidary creditor may do any act beneficial or useful to others but he cannot perform any act prejudicial to them. If he
performs such act and as a result the obligation is extinguished, he shall be responsible to the others for damages.
 Mutual Agency- right of one to act for and in the name of the others.

(remission- the act of reducing or canceling the amount of money that you owe.)

(prejudicial- causing or likely to cause injury or harm to someone or something)

ART. 1213

Assignment by solidary creditors of his right:

 In the absence of consent given by the others, a solidary creditor cannot assign his rights to a third person. The reason behind
this prohibition is that each creditor represents the others and the assignee may not have the confidence of the original solidary
creditors considering that the assignee after receiving the payment may not give the shares of the others.
 If the assignment is made to co-creditors, the consent of the other creditors are not be necessary.

ART. 1214

Payment to any solidary creditor:

 The rule is that the debtor may pay any one of the solidary creditors. But when a demand, judicial or extrajudicial, has been
made by one of them, to avoid confusion, as well as prejudice to the more diligent creditor, payment should be made to him
otherwise the obligation will not be extinguished except insofar as the creditor- payee's share is concerned in case the latter
does not give to other creditors their shares in their payments.

(judicial- of or relating to courts of law or judges; ordered or done by a court)

(extrajudicial- delivered without legal authority; done in contravention of due process of law)

ART. 1215

 Novation, compensation, confusion, and remission are modes or causes of extinguishment of obligations.
 In joint obligation, novation, compensation, confusion, remission, prescription, and any other causes of modification or
extinction does not extinguished or modify the obligation except with respect to the creditor or debtor affected, without
extending its operation to any other part of the debt or of the credit.

ART. 1216

 The provision is not applicable to a joint obligation. It reiterates the rule that in a solidary obligation (passive solidarity), any one
or some or all of the solidary debtors simultaneously, may be made to pay the debt so long as it has not been fully collected.
 The choice is left to solidary creditor to determine against whom he will enforce collection.

ART. 1217

Effects of payment by a solidary debtor:

 Between the solidary debtors and creditors- payment made by one of the solidary debtors extinguishes the obligation.
However, the creditor for his protection is given the right to choose which offer to accept if two or more solidary debtors offer
to pay.
 Among the solidary debtors- after payment of the debt, the paying solidary debtors can demand reimbursement from his co-
debtors fr their proportionate shares with (legal) interest only from tg time of payment.
However, in case of insolvency of any solidary debtors, the others assume the share of the insolvent one pro rata.
 Among the solidary creditors- the receiving creditor is jointly liable to the others for their corresponding shares.
ART. 1218

 When a solidary debtor pays the obligation; he is entitled as a rule, to reimbursement from his co-debtors.
 Two cases when paying debtor cannot get any reimbursement:
1) when the obligation has already prescribed;
2) or become illegal,
,the obligation is extinguished. Hence, there is no more obligation to be complied with.
 Prescriptive period of actions
By prescription, one acquires ownership and the other rights through the lapse of time in the manner and under conditions laid
down by law. In the same way, rights and actions are lost by prescription.

(prescription- the establishment of a claim of title to something under common law usually by use and enjoyment for a period fixed by
statute )

 The following actions must be brought within 10 years from the time the right of action accrues.
1) upon a written contract
2) upon an obligation created by law
3) upon a judgement
 The following actions must be commenced within 6 years
1) upon an oral contract
2) upon a quasi- contract
 The following actions must be instituted within 4 years
1) upon an injury to the rights of the plaintiff
2) upon a quasi-delict.

ART. 1219

 If payment is made first, the remission or waiver is of no effect. There is no more obligation to remit. If the remission is made
previous to the payment and payment is made, solutio indebiti arises.

ART. 1220

 The debtor who obtains remission pays nothing to the creditor. Remission is essentially gratuitous.
 In case of novation, compensation, or confusion, the debtor with whom it is effected is entitled to recover from his co-debtors
their corresponding shares of the obligation.

ART. 1221

Rules in case thing has been lost or prestation has become impossible:

 Loss without fault and before delay

 Loss due to fault of on the part of a solidary debtor
 Loss without fault but after delay

ART. 1222

Defenses available to a solidary debtor

 Defenses derived from the nature of the obligation

A defense derived from the nature of the obligation is a complete defense because it nullifies the obligation or renders it
ineffective.
Other examples are fraud, prescription, remission, illegality or absensce of consideration, res judicata, nonperformance of a
suspensive condition, etc.
 Defenses personal to, or which pertain to share of debtor sued.
Example: incapacity, mistake,, violence, minority,etc.
  Defenses personal to other solidary debtors.

ART. 1223

 Divisible Obligation- is one the object of which, in its delivery or performance, is capable of partial fulfillment.
 Indivisible Obligation- is one the object of which, in its delivery or performance, is not capable of partial performance.
 Kinds ofdivision
1) Qualitative division- one based on quality, not on the number or quantity of the things which are the object of the
obligation.