Text of the provision
Art. 1221. If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished. If there was fault on the part of any one of them, all shall be responsible to the creditor, for the price and the payment of damages and interest, without prejudice to their action against the guilty or negligent debtor. 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 the judicial or extrajudicial demand upon him by the creditor, the provisions of the preceding paragraph shall apply.
(1147a)
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 official-text renderings.
What this article means
If the thing is lost without fault, the solidary obligation is extinguished. If any solidary debtor was at fault (or in delay), all answer to the creditor for the price plus damages — reserving their recourse against the guilty one.
Related provisions
- Article 1220 — Remission Obtained by One Solidary Debtor.
- Article 1222 — Defenses of a Solidary Debtor.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.