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Article 1216-1221

The document discusses articles related to solidary debtors under Philippine law. It summarizes rules around: 1) Creditors having the right to demand payment from any or all solidary debtors simultaneously until the debt is fully paid. 2) Remission of a share by the creditor for one debtor does not release that debtor from responsibilities to co-debtors if the debt is later fully paid by another. 3) Remission of the whole obligation by the creditor for one debtor does not entitle that debtor to reimbursement from co-debtors.

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Adonis Clemente
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467 views1 page

Article 1216-1221

The document discusses articles related to solidary debtors under Philippine law. It summarizes rules around: 1) Creditors having the right to demand payment from any or all solidary debtors simultaneously until the debt is fully paid. 2) Remission of a share by the creditor for one debtor does not release that debtor from responsibilities to co-debtors if the debt is later fully paid by another. 3) Remission of the whole obligation by the creditor for one debtor does not entitle that debtor to reimbursement from co-debtors.

Uploaded by

Adonis Clemente
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Article 1216 Article 1219

The creditor may proceed against The remission made by the creditor of
anyone of the solidary debtors or some the share which affects one of the
or all of them simultaneously. The solidary debtors does not release the
demand made against one of them shall latter from his responsibility towards the
not be an obstacle to those which may co-debtors, in case the debt had been
subsequently be directed against the totally paid by anyone of them before
others, so long as the debt has not been the remission was effected. (1146a)
fully collected

Article 1220
Article 1217
The remission of the whole obligation,
Payment made by one of the solidary obtained by one of the solidary debtors,
debtors extinguishes the obligation. If does not entitle him to reimbursement
two or more solidary debtors offer to from his co-debtors. (n)
pay, the creditor may choose which offer
to accept.
Article 1221
He who made the payment may claim
from his co-debtors only the share which If the thing has been lost or if the
corresponds to each, with the interest prestation has become impossible
for the payment already made. If the without the fault of the solidary debtors,
payment is made before the debt is due, the obligation shall be extinguished.
no interest for the intervening period
may be demanded. If there was fault on the part of any one
of them, all shall be responsible to the
When one of the solidary debtors creditor, for the price and the payment
cannot, because of his insolvency, of damages and interest, without
reimburse his share to the debtor paying prejudice to their action against the
the obligation, such share shall be borne guilty or negligent debtor.
by all his co-debtors, in proportion to the
debt of each. (1145a) If through a fortuitous event, the thing is
lost or the performance has become
impossible after one of the solidary
debtors has incurred in delay through
Article 1218
the judicial or extrajudicial demand upon
Payment by a solidary debtor shall not him by the creditor, the provisions of the
entitle him to reimbursement from his preceding paragraph shall apply.
co-debtors if such payment is made (1147a)
after the obligation has prescribed or
become illegal

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