Page 27 - Obligations & Contracts Module 1-2

Instances where law imposes solidary obligation:

1. obligations arising from tort

2. obligations arising from quasi-contracts

3. legal provisions regarding obligation of devisees and legatees

4. liability of principals, accomplices, and accessories of a felony

5. bailees in commodatum

Effects:

a. payment made before debt is due, no interest can be charged, or else, interest can be charged

b. insolvency of one – others are liable for share pro-rata

c. if different terms & conditions – collect only what is due, later on collect from any

d. no reimbursement if payment is made after prescription or became illegal

d. remission made after payment is made – co-debtor still entitled to reimbursement

e. effect of insolvency or death of co-debtor – still liable for whole amount

f. fault of any debtor – every one is responsible – price, damage & interest

g. complete/ personal defense – total or partial ( up to amount of share only )

if not personal to him

Effect of Loss or Impossibility of the Prestation:

a. if without fault – no liability

b. if with fault – there is liability (also for damage and interest)

c. loss due to fortuitous event after default – there is liability (because of default)