The document discusses rules regarding solidary debtors under Philippine law. It contains three main points:
1) If the obligation is remitted (cancelled) for one solidary debtor, that debtor cannot recover anything from co-debtors, as remission is a gratuitous act.
2) If the subject of the obligation is lost without the fault of any debtor, the obligation is extinguished. If it is lost due to a debtor's fault, all debtors are responsible for damages/interest, but the guilty debtor is liable to co-debtors.
3) Even without loss of the subject, a creditor can demand damages from any debtor for delay, fraud or fault in performance of the
The document discusses rules regarding solidary debtors under Philippine law. It contains three main points:
1) If the obligation is remitted (cancelled) for one solidary debtor, that debtor cannot recover anything from co-debtors, as remission is a gratuitous act.
2) If the subject of the obligation is lost without the fault of any debtor, the obligation is extinguished. If it is lost due to a debtor's fault, all debtors are responsible for damages/interest, but the guilty debtor is liable to co-debtors.
3) Even without loss of the subject, a creditor can demand damages from any debtor for delay, fraud or fault in performance of the
The document discusses rules regarding solidary debtors under Philippine law. It contains three main points:
1) If the obligation is remitted (cancelled) for one solidary debtor, that debtor cannot recover anything from co-debtors, as remission is a gratuitous act.
2) If the subject of the obligation is lost without the fault of any debtor, the obligation is extinguished. If it is lost due to a debtor's fault, all debtors are responsible for damages/interest, but the guilty debtor is liable to co-debtors.
3) Even without loss of the subject, a creditor can demand damages from any debtor for delay, fraud or fault in performance of the
The document discusses rules regarding solidary debtors under Philippine law. It contains three main points:
1) If the obligation is remitted (cancelled) for one solidary debtor, that debtor cannot recover anything from co-debtors, as remission is a gratuitous act.
2) If the subject of the obligation is lost without the fault of any debtor, the obligation is extinguished. If it is lost due to a debtor's fault, all debtors are responsible for damages/interest, but the guilty debtor is liable to co-debtors.
3) Even without loss of the subject, a creditor can demand damages from any debtor for delay, fraud or fault in performance of the
The remission of the whole obligation, obtained by one of the
solidary debtors, does not entitle him to reimbursement from his co-debtors. (n) Remission- In connection to Article 1215, the debtor in whose favor the remission has been made, even if it is be the whole obligation, cannot recover anything from his co- debtors, because the remission is a gratuitous act. Article 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 a 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. (1447a) Limited to Loss of thing- The effects provided by this article are limited to the case of non-performance. (a) If the loss or impossibility of the prestation is due to fortuitous event, without fault or delay on the part of any debtor, the obligation shall be extinguished. (b) If the loss or impossibility of prestation is due to fault of any solidary debtor, or due to fortuitous event after a co-debtor has incurred in delay, the obligation is converted to payment of indemnity, which includes damages and interest. The creditor may recover the indemnity to any of the co-debtor who is free from delay or fault. But if any of the debtor pays the creditor, the co-debtor may recover the full amount of indemnity to the guilty debtor. Although, the creditor may recover it to the guilty debtor, but he may not get any contribution to his co-debtor. Non-Performance Without Loss- (a) The creditor may also recover indemnity for damages from any of the solidary debtors if the thing is not lost or the prestation is possible, but there is delay, fraud, fault or negligence. But the guilty debtor cannot be shoulder as part of indemnity, the shares of the co-debtors in the original obligation. The indemnity shall be shoulder exclusively by the guilty debtor.