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    Chapter 3 Section 4 Joint and Solidary Obligations

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    Lenny Ramos Villafuerte
    1) W does not have the right to demand full payment of 30,000 pesos from Z alone, as the obligation was joint, not solidary, so Z is only liable for their proportionate share of 10,000 pesos. 2) For a solidary obligation of 30,000 pesos where X paid the full amount on September 9, X can only collect 10,000 pesos each from Y and Z, and cannot collect interest. If Z becomes insolvent, X can collect 15,000 pesos from Y. 3) For a solidary debt of 20,000 pesos owed to B and C: C can condone the debt without B's consent but would be liable

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    Chapter 3 Section 4 Joint and Solidary Obligations

    Uploaded by

    Lenny Ramos Villafuerte
    694 views2 pages
    1) W does not have the right to demand full payment of 30,000 pesos from Z alone, as the obligation was joint, not solidary, so Z is only liable for their proportionate share of 10,000 pesos. 2) For a solidary obligation of 30,000 pesos where X paid the full amount on September 9, X can only collect 10,000 pesos each from Y and Z, and cannot collect interest. If Z becomes insolvent, X can collect 15,000 pesos from Y. 3) For a solidary debt of 20,000 pesos owed to B and C: C can condone the debt without B's consent but would be liable

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    1) W does not have the right to demand full payment of 30,000 pesos from Z alone, as the obligation was joint, not solidary, so Z is only liable for their proportionate share of 10,000 pesos. 2) For a solidary obligation of 30,000 pesos where X paid the full amount on September 9, X can only collect 10,000 pesos each from Y and Z, and cannot collect interest. If Z becomes insolvent, X can collect 15,000 pesos from Y. 3) For a solidary debt of 20,000 pesos owed to B and C: C can condone the debt without B's consent but would be liable

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    694 views2 pages

    Chapter 3 Section 4 Joint and Solidary Obligations

    Uploaded by

    Lenny Ramos Villafuerte
    1) W does not have the right to demand full payment of 30,000 pesos from Z alone, as the obligation was joint, not solidary, so Z is only liable for their proportionate share of 10,000 pesos. 2) For a solidary obligation of 30,000 pesos where X paid the full amount on September 9, X can only collect 10,000 pesos each from Y and Z, and cannot collect interest. If Z becomes insolvent, X can collect 15,000 pesos from Y. 3) For a solidary debt of 20,000 pesos owed to B and C: C can condone the debt without B's consent but would be liable

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    THE LAW ON OBLIGATIONS AND CONTRACTS

    CHAPTER 3 SECTION 4: JOINT AND SOLIDARY OBLIGATIONS


    STUDY GUIDE

    ELAINE FIONA R. VILLAFUERTE


    III. Problems
    Explain and state briefly the rule or reason for your answer.

    1. X, Y and Z bind themselves to pay W ₱30,000. Only X received the money as per
    agreement between X, Y, and Z. on the due date of the obligation, has W the right to
    demand the full payment of ₱30,000 from Z alone?

    2. X, Y and Z promised to pay W solidarily ₱30,000 on or before September 10 without


    need of demand. On September 9, X paid the whole ₱30,000 to W.
    a) How much can X collect from Y and Z?
    b) May Y collect interest from Y and Z?
    c) Suppose Z turns out to be so insolvent, how much can X collect from Y?

    3. A owes B and C, solidarily creditors, the sum of 20,000:


    a) Can C condone the debt without the consent of B?
    b) Can C assign his rights without the consent of B?

    4. A, B and C are solidarily liable to D. for their failure to pay, D filed a complaint in
    court but only against C. Has C the right to demand that A and B be also included as party
    defendants?

    5. A, B and C, co-owners, sold a printing equipment to D. They solidarily bound


    themselves to deliver the equipment on a certain date. Through the fault of C, the equipment
    was completely destroyed. Give the rights and obligations of the parties.

    ANSWERS:
    1. No. W don’t have the right to demand the full payment of ₱30,000 to Z alone because
    according to Article 1207, if the obligation does not state solidarity, then it is a joint
    obligation. And if it is a joint obligation, Z is only liable up to his proportionate share of
    ₱10,000.

    2. According to Article 1217:


    (a) How much can X collect from Y and Z?
    - Only the share from Y and Z can X collect that corresponds to them which is
    ₱10,000 each.

    (b) May X collect interest from Y and Z?


    - X cannot collect interest because payment was made before the debt was due.

    (c) Suppose Z turns out to be insolvent, how much can X collect from Y?
    - If Z becomes insolvent. X can collect from Y which is his share plus half of Z’s
    share, which is P15,000.

    3. A owes B and C, solidary creditors, the sum of P20,000:


    (a) Can C condone the debt without the consent of B?
    - According to Article 1212, C can condone the debt without B’s consent.
    However, he will be liable to B and needs to reimburse B’s share.

    (b) Can C assign his rights without the consent of B?


    - According to Article 1213, C cannot assign his rights to another person without
    B’s consent. However, if there are 3 creditors: B, C and D. C can assign his rights
    to D even without B’s consent.
    THE LAW ON OBLIGATIONS AND CONTRACTS
    CHAPTER 3 SECTION 4: JOINT AND SOLIDARY OBLIGATIONS
    STUDY GUIDE

    ELAINE FIONA R. VILLAFUERTE


    4. According to Article 1216, C has no right to demand from D to include A and B as party
    defendants because C, as a solidary debtor can be compelled to pay for the entire obligation.

    5. According to Art. 1221, as far as D is concerned, A, B and C are all liable for the price of
    the printing equipment as well as damages. A and B can recover from C since it was through
    his fault that the object was destroyed. If C paid for the price and damages, he cannot ask for
    reimbursement from A or B.

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