Text of the provision
Art. 1219. The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected.
(1146a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles renderings and the Official Gazette, all three of which agree word for word.
What this article means
Closes a loophole in solidary obligations. If one solidary debtor has already paid the whole debt, and the creditor afterwards remits (condones) the share of one of the debtors, that remission does not free him from his co-debtors. The creditor can give away what is owed to the creditor; the creditor cannot give away what a co-debtor is owed in reimbursement.
Related provisions
- Article 1199 — Alternative Obligations Need One Complete Performance.
- Article 1387 — When an Alienation Is Presumed to Defraud Creditors.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.