When there are several debtors or creditors, the obligation may be joint or solidary, and the difference is critical. In a joint obligation, the debt is divided into as many equal shares as there are debtors, and each debtor is liable only for their proportionate share; correspondingly, each creditor can demand only their proportionate share. In a solidary obligation, each debtor is liable for the entire obligation, so the creditor may demand the whole debt from any one of them (that debtor can later seek reimbursement from the co-debtors for their shares); and any one creditor may collect the entire debt. The default rule is important: an obligation with several debtors or creditors is presumed to be joint, not solidary; solidarity is not presumed and exists only when the obligation expressly so states, when the law requires it, or when the nature of the obligation requires solidarity. This is why a creditor who wants to be able to collect the whole amount from any single debtor should ensure the contract stipulates a solidary (or 'joint and several') obligation. Understanding whether an obligation is joint or solidary determines how much can be collected from whom.
The Key Difference
- Joint — the debt is divided; each debtor liable only for their proportionate share; and
- Solidary — each debtor liable for the whole; the creditor may demand the entire debt from any one.
Solidarity Is Not Presumed
The default: an obligation with several debtors/creditors is presumed joint. Solidarity is not presumed — it exists only when the obligation expressly states it, the law requires it, or the nature of the obligation requires it.
Reimbursement
A solidary debtor who pays the whole can seek reimbursement from co-debtors for their shares. A creditor wanting to collect from any one debtor should stipulate a “joint and several” (solidary) obligation.
Practical Takeaways
- Joint = pay only your share; solidary = any one can be made to pay the whole;
- Obligations are presumed joint unless solidarity is expressed, required by law, or by nature;
- For full collectibility, stipulate “joint and several.”
Frequently Asked Questions
What is the difference between joint and solidary obligations? In a joint obligation, each debtor is liable only for their proportionate share. In a solidary obligation, each debtor is liable for the entire debt, so the creditor may demand the whole amount from any one of them.
Is solidarity presumed? No. An obligation with several debtors or creditors is presumed to be joint. Solidarity is not presumed and exists only when the obligation expressly states it, the law requires it, or the nature of the obligation requires it.
Can I collect the whole debt from one of several debtors? Only if the obligation is solidary. In a joint obligation, you can demand only each debtor's proportionate share. So the contract should stipulate a solidary or 'joint and several' obligation.
Can a solidary debtor recover from co-debtors? Yes. A solidary debtor who pays the entire obligation can seek reimbursement from the co-debtors for their respective shares.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.