Page 26 - Obligations & Contracts Module 1-2

(7) Solidary – must be expressed in stipulation or provided by law or by nature of

the obligation

a. Active – on the part of creditor or obligee

Effects:

1. Death of 1 solidary creditor transmits share to heirs (but collectively)

2. Each creditor represents the other in the act of recovery of payment

3. Credit is divided equally between creditors as among themselves

4. Debtor may pay any of the solidary creditors

b. Passive – on the part of debtors or obligors

Effects:

1. Each debtor may be requested to pay whole obligation with right to recover

from co-debtors

2. Interruption of prescription to one creditor affects all

3. Interest from delay on 1 debtor is borne by all

c. Mixed – on the part of the obligors and obligees, or the part of the

debtors and the creditors

d. Conventional – agreed upon by the parties

e. Legal – imposed by law

Instances where law imposes solidary obligation:

1. obligations arising from tort

2. obligations arising from quasi-contracts