Kinds of solidary obligation

A solidary obligation refers to an obligation where there is concurrence of several creditors, or of several debtors, or of several creditors and several debtors, by virtue of which, each of the creditors has the right to demand, and each of the debtors is bound to render, entire compliance with the prestation which constitutes the object of the obligation. Under Article 1207,[1] there is solidary liability only when: (1) the obligation expressly so states; or (2) the law requires solidarity; or (3) the nature of the obligation requires solidarity. Solidary liability also exists when it is imposed in a final judgment against several defendants.[2]Moreover, solidary obligation can be legal, conventional, or real when we talk about sources. Legal are imposed by law. Conventional are agreed upon by the parties. Real are imposed by the nature of the obligation. As to parties bound, it can be active, passive, or mixed. Active refers to solidarity among creditors. Passive refers to solidarity among debtors. Mixed refers to solidarity among creditors and debtors.

[1] Article 1207, Civil Code.

[2] De Leon. (2014). Obligations and Contracts.

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