Loading presentation...

Present Remotely

Send the link below via email or IM

Copy

Present to your audience

Start remote presentation

  • Invited audience members will follow you as you navigate and present
  • People invited to a presentation do not need a Prezi account
  • This link expires 10 minutes after you close the presentation
  • A maximum of 30 users can follow your presentation
  • Learn more about this feature in our knowledge base article

Do you really want to delete this prezi?

Neither you, nor the coeditors you shared it with will be able to recover it again.

DeleteCancel

Oblicon: Solidary Obligations

No description
by

Tin Alampay

on 4 August 2013

Comments (0)

Please log in to add your comment.

Report abuse

Transcript of Oblicon: Solidary Obligations

Solidary Obligations
ART 1210
INDIVISIBILITY
ART 1207
When there is two or more
debtors & creditors, it doesn’t
necessarily mean it’s
a solidary liability.
It depends on the obligation or if the nature of the obligation requires solidarity
ART 1212
Creditors can
make different
agreement to
different debtors
ART 1216
ART 1217
ART 1214
ART 1218
ART
1221
ART 1215
Christine Alampay & Epifanio de Vera III
SOLIDARITY
prestation/ duty/ obligation
the guilty debtor is the only one liable for damages
can exist with a signle creditor and debtor
others are not liable in case of solvency

vs.
legal tie that binds tie
all debtors are liable
there must be at least two creditors/ debtors
debtors are proportionately liable
ART 1211
Example: Anton owes Berry and Carrie, solidary creditors, the sum of P10,000. Berry can demand payment of the obligation for this will benefit Carrie. If Berry decided not to obligate Anton to pay, Berry is still responsible to reimburse for his share.
ART 1213
Solidary creditor cannot
assign his rights without
the consent of the
other co-creditors
debtors pays
to creditors,
whoever
demands
Example: Anton owes P30,000 to Berry, Carrie and Dave. If Berry validly condones the debt in the amount of P18,000, he shall be liable for P6,000 each to Carrie and Dave. If Berry collects P15,000 from Anton, Berry must share P5,000 each to Carrie and Dave
Example: Anton, Berry and Carrie solidarily owe Dave P30,000. Dave can collect from each of them individually, or any of the two or all of them simultaneously. For instance, Dave collected P1,000 from Anton. He could still collect from Berry and Carrie as long as the debt has not been entirely satisfied
Anton
Berry, Carrie & Dave
owes
scenario 1
Berry
P3,0000
Anton
paid P3,000
can claim Carrie and Dave's share
Scenario 2
Anton
Berry, Carrie and Dave
pays P3,000
he should choose who will pay P3,000
Berry & Carrie
Anton
owes P2,000
Berry paid Anton the full debt of P2,000 after the due date of the obligation, Berry has no more right to reimburse it because the obligation is past its due date.
ART 1219
two cases
Prescribed

become illegally
Anton & Berry
Carrie
owes P1,000
ART 1220
Anton & Berry
owes P2,000
Carrie
If the solidary debtor is innocent of any loss or anything that can make the obligation impossible to continue, the obligation is extinguished. However, if one solidary debtor was proven guilty, they are all liable to the creditor.
ART 1222
Anton & Berry
Carrie
owes P4,000
Dave
paid
Full transcript