Obligations 9: Joint & Solidary Obligations
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- Опубликовано: 22 авг 2024
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Despite having read our course book, I always watch your videos before class. You summarize it so well and everything is so concise that it makes me feel confident for our recitations. Thank you for creating these videos, Atty. God bless!
Good luck with your studies!
Thank you Attorney!
Thank you Atty!
How bout in case of condonation or remission of debt by one of the solidary creditors? Will he be liable to his solidary co-creditors for their respective shares? Thank you!
Yes. The second paragraph of Article 1215 of the Civil Code of the Philippines provides that "The creditor who may have executed any of these acts (referring to Novation, compensation, confusion or remission of the debt), as well as he who collects the debt, shall be liable to the others for the share in the obligation corresponding to them."
Atty. JavLAWgger: Javier Law Vlog clear po, thanks so much for the generosity Atty!
Talagang nagsulat pa si Idol. 😍 More power! Again, your examples and illustrations which give life to the theories are very helpful!
Thank u atty for sharing your expertise
Wwow thanks po attorneyyy jav. pa shoutout pooo
Sir, on your example on 27:44 should X be giving instead 40 to Y and 50 to Z instead of 40 both to X and Y?
Yes, thank you. I have edited an erratum onto the video. It should be up soon.
Sir I have a question to your example on the last part of the video. (26:30)
Where the debtor is jointly liable and the creditor has a solidary right (J/S)
Why X can claim 120,000 to A when A is only liable up to his share which is 40,000 because of joint obligation?
I think X can claim 40,000 from A, B and C to get 120,000 but not total 120,000 to A alone.
Correct me if I'm wrong po. Thankyou
The explanation is in the vid, a few seconds after. Because the solidary nature of the tie amongst creditors allows them to demand full compliance of the obligation.
@@AttyJavierLawVlog so sir in active solidarity they are allow to demand full compliance of the obligation to any debtors even if the debtors are jointly liable.
Yes, that's what solidarity is.
@@AttyJavierLawVlog thank you so much sir 😊
👏
Hello sir ask ko lang po, need pa po ba ng mag-ask ni creditor bg promissory note para po masabi na solidary or joint liability ang dalawang debtor?
It should be agreed upon at the inception of the obligation, if not already provided for by law.
@@AttyJavierLawVlog thanks for this clarification Atty. It’s my first ever law subject as a college student. Never knew i would end up taking a law subject hehe. God Bless Atty!
Hello po what if po kapag ganito ang situation A, B, and C are solidarily liable to pay the amount of P3Million to BPI Bank, subject to the following terms and conditions:
- A shall pay in monthly installment of P3,000.00 starting January 1, 2021
- B shall pay her total obligation on February 1, 2021
- C shall pay his obligation if Leni Robredo becomes president in the next elections.
Assume that nobody has paid any outstanding obligation.
a. Today (March 20), BPI bank sent a demand for payment. How much may the bank ask for and who may be liable to pay?
b. If B becomes insolvent today, what is the effect to the obligation?
c. If the bank remits/cancels the debt of B, how much may the bank demand from A today (March 20), assuming no payment was made yet.
Hello. Ako na pala ang may homework ngayon? 😊
Sorry po atty. Di po ba ang sagot sa a. ay the bank may ask for P1,009,000.00 from either of the 3 debtors because they are solidary liable? Please notice me again atty. Thank you po naguguluhan po kasi ako.
Try again 😊
@@AttyJavierLawVlog ilang ulit ko na po pinanuod yung video diko pa rin gets po atty. ito po the amount of money that the bank may ask for is P3,000,000.00 and the one who is liable is either of the debtors, because they are solidary liable.
The question mixes other principles kasi, specifically, those of periods, and of conditions. Do not take the law in isolation, you have to be able to apply them all harmoniously, when necessary.