Art.

1207, 1208 – Joint and Solidary Obligation (2 or more debtors/creditors)

1) Joint obligation – pro rata demanded (creditor) or fulfilled (debtor). Ex. bed spacer
rental
2) Solidary obligation – one debtor is bound to pay or one creditor may demand fulfilment
the whole obligation. Ex. Co-maker
3) Solidarity exists only when (a) agreed, (b) law, (c) nature of the obligation requires
solidarity
4) If not clear, presume joint obligation as it imposes lesser burden.
5) Words to indicate joint obligation: pro rata, proportionately, “we promise to pay” signed
by 2 or more persons.
6) Words to indicate solidary obligation: jointly and/or severally, solidaria, in solidum,
together and/or separately, individually and/or collectively, “I promise to pay” signed by
2 or more persons.

Art. 1209 – Joint indivisible obligation

1) Indivisible – object is not physically divisible into parts.

2) Enforced by collective acts of the creditors or proceeding against all the debtors.
3) If there are damages claim, the other debtors are not liable for the share of insolvent
debtors.

Art. 1210 – indivisibility vs. Solidarity

1) Indivisibility is not solidarity nor solidarity implies indivisibility

Art. 1211 – Solidarity with different stipulations

1) Solidary debtors may not be bound in the same manner, same period or same
conditions
2) Ex. One debtor pays on instalment while another pays outright; one debtor pay in 1 year
while another pays in 2 years.
Art. 1212 – Solidary creditors may do acts that are useful and not prejudicial to the other
creditors

1) Ex. collect from 1 debtor the whole obligation (useful)

2) To waive action against a debtor (prejudicial)
3) Assign his rights to another (Art. 1213)

Art. 1214 – To whom payment is made

1) To any solidary creditor

2) Otherwise, to one who made a judicial or extrajudicial demand (avoid confusion or
acknowledge a diligent creditor)

Art. 1215 – Liability in case of novation, compensation, confusion or merger (extinguishment of

obligation) by a solidary creditor

1) Solidary creditor is liable to the others to give their share in the credit corresponding to
them.

Art. 1216 – Right of creditor to proceed against any solidary debtor.

1) If one solidary debtor has not paid in full, creditor can still proceed against the other
solidary debtor.
Art. 1217 – Effect of payment by a solidary debtor

1) If payment is full, obligation is extinguished.

2) The solidary debtor who paid can demand reimbursement from his co-debtors their
proportionate share in the obligation.
3) The solidary creditor who received payment is liable to give to his co-creditor their
share.

Art. 1218 – Effect of payment after obligation becomes illegal or prescribed.

1) Solidary debtor is not entitled to reimbursement

Art. 1219 – Effect of remission of obligation of one solidary debtor made by the solidary
creditor

1) If payment is made first by the other solidary debtor, the remission has no effect.
Paying debtor is entitled to reimbursement.

Art. 1220 – Remission of the whole obligation through one solidary debtor

1) Solidary debtor is not entitled to ask for reimbursement from his co-debtors.

Art. 1221 – Rules in case of loss or prestation becomes impossible

1) Same rules in case of loss

2) Solidary debtors who are not guilty can recover from the guilty co-debtor.

Art. 1222 – Defenses available to a solidary debtor

1) Defenses derived from the nature of the obligation – Ex. payment by a co-debtor
2) Defenses personal to the solidary debtor – Ex. his minority or incapacity
3) Defenses personal to the other solidary debtors – Ex. minority or incapacity of the other
debtor regarding the latter’s share of the obligation.