Active solidarity under obligations law
SOURCE: Solidary obligations. From Wikipedia, the free encyclopedia. en.wikipedia.org/wiki/Solidary_obligations, citing L.T.C. Harms. “Obligations”, in The Law of South Africa, 2nd edn. Vol. 19: Negotiable instruments, nuisance, obligations, partnerships. Eds. W. A. Joubert & J. A. Faris. Durban: Butterworths, 2006.
A solidary obligation, or an obligation in solidum, is a type of obligation in the civil law jurisprudence that allows either obligors to be bound together, each liable for the whole performance, or obligees to be bound together, all owed just a single performance and each entitled to the entirety of it. In general, solidarity of an obligation is never presumed, and it must be expressly stated as the true intent of the parties' will. Contractual solidary obligations are frequently created by insurance policies or co-signing a loan. A common example of a solidary obligation created thorough operation of law is vicarious liability such as respondeat superior.
Solidarity can be either active or passive. A solidary obligation that is active exists among the obligees (creditors) in the transaction. It is passive when it exists among the obligors (debtors) in a transaction. A solidary obligation is almost always an advantage for a creditor because it will either allow any creditor to demand the entirety of the debt from the sole debtor when the solidarity is active, or it will allow the creditor to demand the entirety of the debt from any of the multiple debtors when it is passive.
SOURCE: Solidary obligations. From Wikipedia, the free encyclopedia. en.wikipedia.org/wiki/Solidary_obligations, citing L.T.C. Harms. “Obligations”, in The Law of South Africa, 2nd edn. Vol. 19: Negotiable instruments, nuisance, obligations, partnerships. Eds. W. A. Joubert & J. A. Faris. Durban: Butterworths, 2006.
The origin of solidarity can be traced to a Roman idea known as correality where a single thing was owed by more than one person. Under these circumstances, there was just a single obligation. There was a transformation and growth of this idea during the ius commune before being codified in the Napoleonic Code of 1804.This is known as active solidarity. An obligation is solidary for the obligees when it gives each obligee the right to demand the whole performance from the common obligor.
For example, if A and B together lend two hundred dollars to C, and it is agreed that each can have the right to seek the whole amount from C upon repayment, C's obligation to repay the money is solidary for the obligees A and B. Generally, full payment to any of the solidary obligees extinguishes the obligation.
A common example of solidary obligations for the obligees is a joint bank account; when two or more names are on an account, they are obligees of the bank's obligation to make funds available on demand. Each obligee would have the right to withdraw the whole amount in the bank account.
SOURCE: Solidary obligations. From Wikipedia, the free encyclopedia. en.wikipedia.org/wiki/Solidary_obligations, citing L.T.C. Harms. “Obligations”, in The Law of South Africa, 2nd edn. Vol. 19: Negotiable instruments, nuisance, obligations, partnerships. Eds. W. A. Joubert & J. A. Faris. Durban: Butterworths, 2006.
A solidary obligation, or an obligation in solidum, is a type of obligation in the civil law jurisprudence that allows either obligors to be bound together, each liable for the whole performance, or obligees to be bound together, all owed just a single performance and each entitled to the entirety of it. In general, solidarity of an obligation is never presumed, and it must be expressly stated as the true intent of the parties' will. Contractual solidary obligations are frequently created by insurance policies or co-signing a loan. A common example of a solidary obligation created thorough operation of law is vicarious liability such as respondeat superior.
Solidarity can be either active or passive. A solidary obligation that is active exists among the obligees (creditors) in the transaction. It is passive when it exists among the obligors (debtors) in a transaction. A solidary obligation is almost always an advantage for a creditor because it will either allow any creditor to demand the entirety of the debt from the sole debtor when the solidarity is active, or it will allow the creditor to demand the entirety of the debt from any of the multiple debtors when it is passive.
SOURCE: Solidary obligations. From Wikipedia, the free encyclopedia. en.wikipedia.org/wiki/Solidary_obligations, citing L.T.C. Harms. “Obligations”, in The Law of South Africa, 2nd edn. Vol. 19: Negotiable instruments, nuisance, obligations, partnerships. Eds. W. A. Joubert & J. A. Faris. Durban: Butterworths, 2006.
The origin of solidarity can be traced to a Roman idea known as correality where a single thing was owed by more than one person. Under these circumstances, there was just a single obligation. There was a transformation and growth of this idea during the ius commune before being codified in the Napoleonic Code of 1804.This is known as active solidarity. An obligation is solidary for the obligees when it gives each obligee the right to demand the whole performance from the common obligor.
For example, if A and B together lend two hundred dollars to C, and it is agreed that each can have the right to seek the whole amount from C upon repayment, C's obligation to repay the money is solidary for the obligees A and B. Generally, full payment to any of the solidary obligees extinguishes the obligation.
A common example of solidary obligations for the obligees is a joint bank account; when two or more names are on an account, they are obligees of the bank's obligation to make funds available on demand. Each obligee would have the right to withdraw the whole amount in the bank account.
SOURCE: Solidary obligations. From Wikipedia, the free encyclopedia. en.wikipedia.org/wiki/Solidary_obligations, citing L.T.C. Harms. “Obligations”, in The Law of South Africa, 2nd edn. Vol. 19: Negotiable instruments, nuisance, obligations, partnerships. Eds. W. A. Joubert & J. A. Faris. Durban: Butterworths, 2006.
