Effects of passive solidarity

According to Tolentino, the following are the effects of passive solidarity:
  1. Each debtor can be required to pay the entire obligation, but after payment he can recover from the co-creditors their respective shares.
  2. Each debtor may set up his own claims against the creditor as payment of the obligation.
  3. Remission of the entire debt affects all debtors, but when remission is limited to the share of one debtor, the other debtors are still liable for the balance of the obligation. The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors. (Article 1220 of the Civil Code)
  4. All debtors are liable for the loss of the thing due, even if only one of them is at fault, or after incurring delay, it is lost by fortuitous event.
  5. Interruption of prescription as to one debtor affects all others, but renunciation of prescription already had does not prejudice the others. The reason is that prescription extinguishes the mutual representation among solidary debtors.
  6. Interests due by delay of one is borne by all of them.
The effect of passive solidary obligation consists in the fact that the creditor may demand payment of the entire debt of any of the debtor, and that by fulfillment of the obligation of one debtor the obligation of other debtors ends. (www.jura.kg.ac.rs › clanci › miladinovic. Solidary debtors, passive solidary obligations)Solidary obligations for obligors This is known as passive solidarity. An obligation is solidary for the obligors when each obligor is liable for the whole performance in such a way that a whole performance rendered by one of the obligors relieves the others of liability toward the obligee. In practice, this is much more frequent than active solidarity. When one co-signs a loan for another, they both become solidary obligors in relation to the debt owed. In regard to liability of the obligors between themselves, the proportions owed by each obligor in a solidary obligation stemming from a contract are deemed to be equal unless a provision in the agreement states otherwise. Passive solidarity can also be created as an operation of law. In the case of an offense or a tort, if a person has sustained damage because of the shared fault of others, the offenders may be liable in solido in proportion to their fault. (Solidary obligations for obligors. en.wikipedia.org/wiki/Solidary_obligations)

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