Understanding Joint and Several Obligations: Legal Framework

Classes of Obligations Based on Subject

Sometimes, there is a plurality of subjects in an obligation. The bonds may be single-person or multi-member. Typically, they are single-minded. Within multi-person obligations, we distinguish between conjunctive and disjunctive. Conjunctive obligations are further divided into joint and several obligations.

The Obligation Dilemma

Establishing a supposed alternative by some individuals, Article 1137 states that obligations will only be considered several where it is established by the parties or stipulated legally. So, we understand that solidarity with obligations only exists when the parties have agreed to it or when it is legally mandated.

Several Obligations

A several obligation is a situation in which there are several creditors, and each is entitled to claim the entire credit, or there are several debtors, and each has a duty to answer for the entire credit.

Joint Obligations

A joint obligation is one in which either the plurality of creditors or debtors will be able to require or respond to the party, depending on the appropriate credit subjects. Both joint and several obligations will be determined as follows:

• Active Obligations: When there are multiple creditors.
• Passive Obligations: When there are multiple debtors. For example, there is a creditor to whom five people owe.
• Joint Obligations: Several creditors against several debtors.

Rule of No Presumption of Solidarity

Under Article 1137, obligations will never be considered several unless otherwise agreed upon by the parties or established by law. How do I establish a contractual obligation that is going to be several? No special formalities are required to establish the solidarity of the obligation because it is sufficient that the contract establishes it. Solidarity is the exception because you can be required to pay a larger share.

Legal Regime of Joint Obligations

If the benefit is divisible, each creditor or debtor can meet their right independently of others. If it is an indivisible obligation, they must fulfill the obligation together. In any case in which the parties fail to fulfill this obligation, it will be transformed into an award of damages, which will be paid with money (which in turn is divisible). For example, Pepe and John have the joint obligation to build a house; Pepe is a bricklayer, and John is a painter. If one does not do their part, you can ask for damages from the other.

Legal Regime of Several Obligations

Every creditor has the right to seek the entire credit, and every debtor has the right or duty to fulfill the entire obligation. The characteristics of this obligation are:

• A plurality of subjects
• A unit regardless of the parties
• An internal relationship between each of the parties

Classes of Several Obligations

According to the people involved, they can be passive, active, or mixed. Because of their origin, they may be voluntary or legal, as established by law.

Solidarity of Creditors and Debtors

An internal relationship is established between the parties whereby, in the case of creditors who have received the provision, they will be required to give the share to other co-creditors. In the case of debtors who have fulfilled the obligation, they shall have the right to seek a share from other debtors. When any of the joint and several debtors cope with the delivery address to one or more co-creditors, the obligation is extinguished. Therefore, the other co-debtors shall not be obligated to pay, nor the other co-creditors to demand it. As a guarantee of compliance, several obligations are better. When mixed, solidarity is a combination of passive and active. The importance of solidarity makes it safer for the creditor's position when it is passive. However, when active, it is more uncomfortable because you have to lend money to another creditor.