COBLAW1

Law on Obligations

Asst. Prof. Arvin A. Jo, J.D., M.Sc.

 Different Kinds of Obligations
Art. 1192. In case both parties have committed a breach of the
obligation, the liability of the first infractor shall be equitably
tempered by the courts. If it cannot be determined which of the
parties first violated the contract, the same shall be deemed
extinguished, and each shall bear his own damages.

• FIRST INFRACTOR KNOWN

• The liability of the first infractor should be equitably reduced. – equitably
offset each other’s damages.

• FIRST INFRACTOR CANNOT BE DETERMINED

• The court shall declare the extinguishment of the obligation and each shall
bear his own damages.
 Obligations with a Period
Art. 1193. Obligations for whose fulfillment a day certain has been fixed, shall
be demandable only when that day comes. Obligations with a resolutory period
take effect at once, but terminate upon arrival of the day certain. A day certain
is understood to be that which must necessarily come, although it may not be
known when. If the uncertainty consists in whether the day will come or not, the
obligation is conditional, and it shall be regulated by the rules of the preceding
Section.

• PERIOD / TERM – consists in a space or length of time upon the arrival of

which, the demandability or the extinguishment of an obligation is
determined;.

• GENERAL CLASSIFICATIONS:
• EX DIE / SUSPENSIVE PERIOD – from a day certain give rise to the
obligation; suspensive effect.
• IN DIEM / RESOLUTORY PERIOD – arrival of a term certain
terminated the obligation; resolutory effect.
 Obligations with a Period
Art. 1194. In case of loss, deterioration or improvement of the thing before the
arrival of the day certain, the rules in Article 1189 shall be observed.

Art. 1195. Anything paid or delivered before the arrival of the period, the
obligor being unaware of the period or believing that the obligation has become
due and demandable, may be recovered, with the fruits and interests.

– If he was not aware of the period or he believes that the obligation has
become due and demandable – he can recover what he paid or
delivered including fruits and interests;
– If he was aware and he paid voluntarily – he cannot recover the delivery
made; it is deemed a waiver of the benefit of the term and the obligation
is considered already matured.

• The presumption is that the debtor knew that the debt was not yet due. He
has the burden of proving that he was unaware of the period.
 Obligations with a Period
Art. 1196. Whenever in an obligation a period is designated, it is
presumed to have been established for the benefit of both the
creditor and the debtor, unless from the tenor of the same or
other circumstances it should appear that the period has been
established in favor of one or of the other.

• PRESUMPTION: Obligation with a period is for the benefit of

both the creditor and debtor.
• EXCEPTION: when it appears that the period is for the
benefit of one or the other
 Obligations with a Period
Art. 1196. Whenever in an obligation a period is designated, it is presumed to
have been established for the benefit of both the creditor and the debtor, unless
from the tenor of the same or other circumstances it should appear that the
period has been established in favor of one or of the other.

• The benefit of the term may be the subject of stipulation of the parties.
– Term is for the benefit of the debtor alone – he cannot be compelled to pay
prematurely, but he can if he desires to do so.
• - Example: A obliges himself to pay B within 5 years. A cannot be compelled to pay
prematurely, but he can pay anytime within 5 years (A will benefit because he can pay
anytime he wants as long as it is within 5 years; B will not benefit from the interests if
A decides to pay early).
– Term is for the benefit of the creditor – He may demand fulfillment even before
the arrival of the term but the debtor cannot require him to accept payment
before the expiration of the stipulated period.
• - Example: A borrows money from B and is obliged to make the payment on
December 5. B may compel A to make the payment before December 5, but A may
not compel B to receive the payment before December 5 (B will benefit from the
interests that will accrue before December 5).
•
 Obligations with a Period
Art. 1197. If the obligation does not fix a period, but from its nature and the
circumstances it can be inferred that a period was intended, the courts may fix the
duration thereof. The courts shall also fix the duration of the period when it depends
upon the will of the debtor. In every case, the courts shall determine such period as may
under the circumstances have been probably contemplated by the parties. Once fixed by
the courts, the period cannot be changed by them.

• JUDICIAL PERIOD – period designated by the court.

• CONTRACTUAL PERIOD – period fixed by the parties in their contract.
• Court will fix a period:
• When no period is mentioned, but it is inferable from the nature and circumstances of the
obligation that a period was intended by the parties.
• When the period is dependent upon the will of the debtor.
• If the obligation does not state and intend a period, the court is not authorized to fix a period.
• The court must fix the duration of the period to prevent the possibility that the obligation may
never be fulfilled or to cure a defect in a contract whereby it is made to depend solely upon the
will of one of the parties.
• Court cannot fix the period:
– If there is a period agreed upon by the parties and it has already lapsed or expired.
– From the very moment the parties give their acceptance and consent to the period fixed by
the court, it becomes a law governing their contract.
 Obligations with a Period
Art. 1198. The debtor shall lose every right to make use of the period:
(1) When after the obligation has been contracted, he becomes insolvent, unless he gives a guaranty
or security for the debt;
(2) When he does not furnish to the creditor the guaranties or securities which he has promised;
(3) When by his own acts he has impaired said guaranties or securities after their establishment, and
when through a fortuitous event they disappear, unless he immediately gives new ones equally
satisfactory;
(4) When the debtor violates any undertaking, in consideration of which the creditor agreed to the
period;
(5) When the debtor attempts to abscond.

• The period is disregarded and the obligation becomes pure and immediately demandable:
• When debtor becomes insolvent;
– The insolvency need not be judicially declared. It is sufficient that debtor could not pay his debts due to
lack of money or funds.
• When the debtor does not furnish guaranties or securities;
• When guaranties or securities given have been impaired or have disappeared;
– If security was lost through debtor’s fault - impairment
– If security was lost through fortuitous event - disappearance
• When debtor violates an undertaking;
• If such undertaking is the reason for the creditor to agree with such period.
• When debtor attempts to abscond (escape).
• Mere attempt to abscond is sufficient. It is an indication of bad faith.
 Alternative Obligations
Art. 1199. A person alternatively bound by different prestations
shall completely perform one of them. The creditor cannot be
compelled to receive part of one and part of the other
undertaking.

OBLIGATIONS WITH PLURAL PRESTATIONS:

• CONJUNCTIVE/COMPOUND OBLIGATION - an obligation where the
debtor has to perform ALL the several prestations in the contract to
extinguish the obligation.
• ALTERNATIVE OBLIGATION – an obligation where the debtor is
required to fulfill ONLY ONE of the several prestations to extinguish the
obligation.
• FACULTATIVE OBLIGATION – an obligation where the debtor is
bound to perform ONLY ONE prestation, with a reserved right to choose
another prestation as SUBSTITUTE for the principal.
 Alternative Obligations
Art. 1200. The right of choice belongs to the debtor, unless it has been
expressly granted to the creditor. The debtor shall have no right to choose those
prestations which are impossible, unlawful or which could not have been the
object of the obligation.

▪ Implied grant to the creditor is not allowed. If it does not appear on the
agreement as to whom among them has the right to choose, it is the debtor
who can choose.

Art. 1202. The debtor shall lose the right of choice when among the prestations
whereby he is alternatively bound, only one is practicable.

▪ There being but one prestation available, this prestation becomes a simple
obligation.
 Alternative Obligations
Art. 1201. The choice shall produce no effect except from the time it has been
communicated.
– The choice shall not produce any legal effect until it has been duly
communicated to the other party.
– It can be done in writing, verbally, impliedly, or any unequivocal means.
– Once the choice has been communicated to the other party:

1. The obligation is now LIMITED only to the PRESTATION CHOSEN, with all the
natural consequences flowing therefrom;
2. The choice is IRREVOCABLE.
• The performance of prestation without announcing the choice to the creditor is
NOT BINDING.
• The consent of the other party is NOT REQUIRED in making the choice – that will
in effect frustrate the clear intention of the law and the nature of the alternative
obligation.
• If there is delay in the making of choice – punish the one who is supposed to exercise
the right of choice for the delay he caused – court may order the debtor to make a
choice, or creditor to make the choice within certain period, or court makes the
choice.
 Alternative Obligations
Art. 1203. If through the creditor's acts the debtor cannot make a
choice according to the terms of the obligation, the latter may
rescind the contract with damages.

• If the debtor could not make a choice due to the creditor’s act
of making the prestations impossible, debtor may RESCIND
the contract with damages - rescission takes place at the
initiative of the debtor.
• If the debtor is being prevented to choose only a particular
prestation, and there are others available, he is free to choose
from them, after notifying the creditor of his decision.
 Alternative Obligations
Art. 1204. The creditor shall have a right to indemnity for damages when,
through the fault of the debtor, all the things which are alternatively the object of
the obligation have been lost, or the compliance of the obligation has become
impossible. The indemnity shall be fixed taking as a basis the value of the last
thing which disappeared, or that of the service which last became impossible.
Damages other than the value of the last thing or service may also be awarded.

• If the impossibility of all the objects of the alternative obligation is caused by the
debtor, the creditor is entitled to damages.
• If such impossibility is caused by a fortuitous event, the obligation is extinguished and
the debtor is released from responsibility, unless the contrary is stipulated by the
parties.
• The creditor cannot claim for damages if the debtor can still perform the remaining
prestations.
• The damages that may be recovered is based on the last thing which disappeared or
the service which became impossible. This last one is converted into a simple
obligation.
 Alternative Obligations
Art. 1205. When the choice has been expressly given to the creditor, the
obligation shall cease to be alternative from the day when the selection has been
communicated to the debtor. Until then the responsibility of the debtor shall be
governed by the following rules:
• only one thing lost – fortuitous event – creditor chooses from the remainder
– debtor delivers the choice to creditor;
• only one remains – debtor delivers the same to the creditor;
• only one thing lost – fault of the debtor
– creditor may choose any one of the remainders;
– creditor may choose the price or value of the one which was lost;
– may choose 1 or 2 plus damages
• all things lost – fault of the debtor – creditor may choose the price of
ANYONE of the things, with damages if warranted.

• The same rules shall be applied to obligations to do or not to do in case one,

some or all of the prestations should become impossible.
 Alternative Obligations
Art. 1206. When only one prestation has been agreed upon, but
the obligor may render another in substitution, the obligation is
called facultative. The loss or deterioration of the thing intended
as a substitute, through the negligence of the obligor, does not
render him liable. But once the substitution has been made, the
obligor is liable for the loss of the substitute on account of his
delay, negligence or fraud.

• If loss or deterioration happened before substitution is made, obligor is not

liable; after substitution is communicated, he is liable for loss (through delay,
negligence or fraud)
 Joint and Solidary Obligations
Art. 1207. The concurrence of two or more creditors or of two or more debtors in one
and the same obligation does not imply that each one of the former has a right to
demand, or that each one of the latter is bound to render, entire compliance with the
prestation. There is a solidary liability only when the obligation expressly so states, or
when the law or the nature of the obligation requires solidarity.

* In case of concurrence of two or more creditors or two or more debtors in one

obligation, the presumption is that the obligation is joint, and not solidary.

INDIVIDUAL OBLIGATION – one debtor and one creditor

COLLECTIVE OBLIGATION – two or more debtors and two or more creditors
1. JOINT – entire obligation is to be paid or performed proportionately by the debtors;
2. SOLIDARY – each one of the debtors are obliged to pay the entire obligation, each
one of the creditors has the right to demand from any of the debtors, the fulfillment of
the entire obligation;
A. Passive Solidarity – solidarity on the part of the DEBTORS
B. Active Solidarity – solidarity on the part of the CREDITORS.
▪ SOLIDARITY SHOULD BE EXPRESSED – law, stipulation, nature of obligation.
▪ When the obligation is ambiguous, it must be considered as joint obligation.
 Joint and Solidary Obligations
CONSEQUENCES OF SOLIDARITY:

Passive Solidarity – full payment made by anyone of the solidary debtors extinguishes the
obligation. The one who paid can claim reimbursement from his co-debtors as regards
their corresponding shares in the obligation.
• A, B, & C are solidary debtors of D in the sum of P900.
• D can demand payment of the entire obligation when it becomes due, from any one
of the debtors or from all of them at the same time.
• If C paid the whole P900 to D, he may claim reimbursement from A and B.

Active Solidarity – full payment to any of the creditors extinguishes the obligation. The
creditor who received the entire amount will be liable to pay the corresponding shares of
his co-creditors in accordance with their internal agreement.
• Garfield owes the sum of P40,000 to Mickey, Minnie, Donald, and Pluto, who are
solidary creditors. Garfield can pay anyone of them. If Mickey received the P40,000,
he is liable to pay the corresponding shares of his co-creditors.
 Joint and Solidary Obligations
Art. 1208. If from the law, or the nature or the wording of the
obligations to which the preceding article refers the contrary does
not appear, the credit or debt shall be presumed to be divided into
as many shares as there are creditors or debtors, the credits or
debts being considered distinct from one another, subject to the
Rules of Court governing the multiplicity of suits.

• This provision speaks of JOINT DIVISIBLE OBLIGATION.

• When there is a concurrence of several creditors or of several debtors in one and in

the same obligation, there is a presumption that the obligation is joint.
• Each of the creditors shall be entitled to demand only the payment of his
proportionate share of the credit.
• Each of the debtors may be compelled to pay only his proportionate share of the
debt.
• The credits or debts shall be considered distinct from one another.
 Joint and Solidary Obligations
CONSEQUENCES OF JOINT OBLIGATION:

1. Each debtor – liable for a proportionate part of the entire debt;

• Thales, Socrates, Plato, & Aristotle owe P100 to Bruce Lee
= 4 debtors and 1 creditor
• Each of them owes Bruce Lee P25
• Bruce Lee cannot collect the entire P100 from any one of them.

2. Each creditor – entitled to a proportionate part of the credit;

• Piggy owes P100 to Froggy and Fishy = 1 debtor and 2 creditors
• Froggy can only collect 50 from Piggy,
• Same with Fishy

3. Demand made by one creditor upon one debtor produces the effects of default only
as between them, but not with respect to the others;
• Bubbles demanded payment from Buttercup; Buttercup was in default. This does
not mean that the others are in default too because Bubbles did not demand from
them.
 Joint and Solidary Obligations
CONSEQUENCES OF JOINT OBLIGATION:

4. The interruption of prescription caused by the demand made by one creditor upon
one debtor will not benefit the co-creditors;
• Wittgenstein extended the period in which Tarski should have paid his debt to him.
This does not mean that the same extension applies to Tarski's debt to Davidson.

5. The insolvency of one debtor will not increase the liability of his co-debtors, nor will it
allow a creditor to demand anything from the co-creditors.
• If Husserl and Merleau-Ponty are debtors of Sartre for P1,000,000.00 and Husserl
becomes insolvent, the liability of Merleau-Ponty will only be P500,000.00
representing his proportional share of ½ in the whole obligation.
 Joint and Solidary Obligations
Art. 1209. If the division is impossible, the right of the creditors may be
prejudiced only by their collective acts, and the debt can be enforced only by
proceeding against all the debtors. If one of the latter should be insolvent, the
others shall not be liable for his share.

• JOINT INDIVISIBLE OBLIGATION – an obligation where solidarity is

not provided and the prestation or object is not susceptible of division; its
fulfillment requires the concurrence of all debtors, while doing each one’s
parts.

• Batman and Robin jointly obliged themselves to deliver a brand new Toyota
Fortuner worth P1,500,000.00 to Superman. The object, a vehicle, is
indivisible. They must deliver the thing jointly. In case of breach, the
obligation is converted into monetary obligation for indemnity for damages.
Batman and Robin will be liable only for P 750,000.00 each.

• The act of one is not binding (others must concur)

 Joint and Solidary Obligations
Art. 1210. The indivisibility of an obligation does not necessarily
give rise to solidarity. Nor does solidarity of itself imply
indivisibility.

• Solidarity is expressed in the stipulations of the party, law governing the

obligation, or the nature of the obligation.

• INDIVISIBLE OBLIGATION – an obligation where the prestation or

object to be delivered cannot be performed by parts without altering its
essence or substance.
 Joint and Solidary Obligations
Art. 1211. Solidarity may exist although the creditors and the
debtors may not be bound in the same manner and by the same
periods and conditions.

• The solidarity of the debtors is not affected even if different terms and
conditions are made applicable to them.
• Enforcement of the terms and conditions may be made at different times.
The obligations which have matured can be enforced while those still undue
will have to be awaited. Enforcement can be made against any one of the
solidary debtors although it can happen that a particular obligation
chargeable to a particular debtor is not yet due. He will be answerable for all
the prestations which fall due although chargeable to the other co-debtors.
 Joint and Solidary Obligations
Art. 1211. Solidarity may exist although the creditors and the
debtors may not be bound in the same manner and by the same
periods and conditions.

Illustration:
Sad Face, Happy, and Fanny got a loan of P150 from Smiley. They signed a
promissory note solidarily binding themselves to pay Smiley under the following
terms:
Sad Face will pay P50 with 3% on December 30, 2006
Happy will pay P50 with 4% on December 30, 2007
Fanny will pay P50 with 5% on December 30, 2008
On December 31, 2006, Smiley can collect his P50 with 3% from any one of
the debtors, but not the whole P150 because it is not yet entirely due. The
maturity of the other amounts should still be awaited. If maturity comes, Smiley
can collect from any of the debtors, because they are expressly solidary in
liabilities, and not affected by the secondary stipulations.
 Joint and Solidary Obligations
Art. 1212. Each one of the solidary creditors may do whatever
may be useful to the others, but not anything which may be
prejudicial to the latter.

• Every solidary creditor is benefited by the useful acts of any one

of them.
• If a solidary creditor performs an act which is not fair to his co-
creditors, the act may have valid legal effects or the obligation of
the debtor due to them may be extinguished, but the
performing creditor shall be liable to his co-creditors.

• Question: May solidary creditors perform an act that is

beneficial to others?
 Joint and Solidary Obligations
Art. 1213. A solidary creditor cannot assign his rights without the consent of the
others.

• Assign – transfer of right

• The assignee does not become a solidary creditor, and any payment made
upon him by the debtor does not extinguish the obligation. He is considered
a STRANGER, and his acts are not binding to the solidarity.

• DOCTRINE OF MUTUAL AGENCY - In solidary obligations, the act of

one is act of the others.
• Exceptions to the doctrine:
– Art. 1212 – a creditor may not perform an act prejudicial to other
creditors
– Art. 1213 – a creditor cannot transfer his right without consent
 Joint and Solidary Obligations
Art. 1214. The debtor may pay any one of the solidary creditors;
but if any demand, judicial or extrajudicial, has been made by one
of them, payment should be made to him.

• The debtor can pay any one of the solidary creditors. Such payment when
accepted by any of the solidary creditors will extinguish the obligation.
• To avoid confusion on the payment of the obligation, the debtor is required
to ay only to the demanding creditor and that payment is sufficient to effect
the extinguishment of the obligation.
• In case two or more demands made by the other creditors, the first demand
must be given priority.
 Joint and Solidary Obligations
Art. 1215. Novation, compensation, confusion or remission of the
debt, made by any of the solidary creditors or with any of the
solidary debtors, shall extinguish the obligation, without prejudice
to the provisions of Article 1219. The creditor who may have
executed any of these acts, as well as he who collects the debt, shall
be liable to the others for the share in the obligation
corresponding to them.

NOVATION – obligations are modified by:

• Changing their object or principal conditions;
• Substituting the person of the debtor; and
• Subrogating (placing) a third person in the rights of the creditor.
[Art. 1291]
 Joint and Solidary Obligations
COMPENSATION – takes place when two persons, in their own right, become
creditors and debtors of each other
▪ Erap borrowed P100 from Fernando. Fernando borrowed P75 from Erap. Erap’s
obligation to Fernando is now P25 only, because the original obligation was offset by
Fernando’s supposed-to-be obligation to Erap.

CONFUSION – takes place when the characters of creditor and debtor are merged in
the same person.
▪ Tito pays his debt to Vic with a check payable to “cash”. Vic paid his debt to Joey
with the same check. Joey paid his debt to Tito, with the same check Tito issued to
Vic. Tito becomes paid by his own check. He becomes the debtor and the creditor
of himself at the same time.

REMISSION – the gratuitous abandonment by the creditor of his right; acceptance of

the obligor is necessary.

• These 4 modes of extinguishing obligations are acts prejudicial to the other solidary co-creditors
because these have the effect of extinguishing the debt or obligation which is due to all of them.
• The only recourse of the co-creditors is to let the one who executed any of those acts be liable
for the shares corresponding to all his co-creditors (in their internal agreement).
 Joint and Solidary Obligations
Art. 1216. The creditor may proceed against any one of the
solidary debtors or some or all of them simultaneously. The
demand made against one of them shall not be an obstacle to
those which may subsequently be directed against the others, so
long as the debt has not been fully collected.

• When there is passive solidarity, the creditor can proceed against:

– Any of the solidary debtors;
– Some of the solidary debtors;
– All of the solidary debtors, simultaneously.

• Extrajudicial demands - first demand shall not prevent subsequent demands

on the other co-debtors, if co-debtor first to have been required to fulfill
obligation did not act on it.
 Joint and Solidary Obligations
Art. 1217. Payment made by one of the solidary debtors extinguishes the obligation. If
two or more solidary debtors offer to pay, the creditor may choose which offer to accept.
He who made the payment may claim from his co-debtors only the share which
corresponds to each, with the interest for the payment already made. If the payment is
made before the debt is due, no interest for the intervening period may be demanded.
When one of the solidary debtors cannot, because of his insolvency, reimburse his share
to the debtor paying the obligation, such share shall be borne by all his co-debtors, in
proportion to the debt of each.

• Payment – consists in the delivery of the thing or the rendition (rendering) of the
service whish is the object of the obligation.
• Interest – compensation for the use of borrowed money
• Partial payment – the solidary debtor who made the partial payment is entitles to be
reimbursed only for such amount of money which he had paid and which exceeds his
own share in the obligation.
• If one of the debtors is insolvent and could not pay his share in the obligation, all
solidary debtors including the paying debtor shall share proportionately in the
settlement of the corresponding share of the insolvent debtor.
 Joint and Solidary Obligations
Art. 1218. Payment by a solidary debtor shall not entitle him to
reimbursement from his co-debtors if such payment is made after
the obligation has prescribed or become illegal.

• No reimbursement if:
– Obligation PRESCRIBES
• The creditor did not make any demand for more than 10 years.
– Obligation becomes ILLEGAL
• Law has been passed, making such prestation illegal.
 Joint and Solidary Obligations
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.

• Any belated (delayed) remission by the creditor of the share of any of the debtor has no effect
on the internal relationship of the co-debtors.

• Payment before remission: A, B, and C solidarily owe D P1,500.00. B paid the entire
obligation. After which, D remitted the share of C. B can collect P500.00 each from A and C
even if the share of C in the obligation had been remitted.

• Remission before payment: A, B, and C solidarily owe D P1,500.00. D remitted the share of C.
Thereafter, B paid the entire obligation. B can collect P500.00 from A but not from C.
However, B may ask D to give back P500, which is the supposed-to-be share of C.

• After the prior payment of the entire obligation, there is nothing to remit because the obligation
had been extinguished.
 Joint and Solidary Obligations
Art. 1220. The remission of the whole obligation, obtained by one of the solidary
debtors, does not entitle him to reimbursement from his co-debtors.
• There is nothing to be reimbursed because he did not spend any money, the
remission being a gratuitous act.

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.
• Loss of the thing or impossibility of prestation –
NO FAULT – solidary debtors – obligation is extinguished
FAULT of any one of them – all are liable because of their mutual agency
FORTUITOUS EVENT – delay on the part of the debtors – all will be liable
• If the thing due was not lost, but there is merely a delay, fraud or negligence on the part of one of the solidary
debtors, all (including the innocent) debtors will share in the payment of the PRINCIPAL prestation. The
damages and interest imposed will be borne by the guilty debtor.
• Obligation to deliver is converted into an obligation to pay indemnity when there us loss or impossibility of
performance.
 Joint and Solidary Obligations
Art. 1222. A solidary debtor may, in actions filed by the creditor,
avail himself of all defenses which are derived from the nature of
the obligation and of those which are personal to him, or pertain
to his own share. With respect to those which personally belong to
the others, he may avail himself thereof only as regards that part of
the debt for which the latter are responsible.

DEFENSES OF A SOLIDARY DEBTOR:

• Defense arising from the nature of the obligation – such as payment, prescription,
remission, statute of frauds, presence of vices of consent, etc.
• Defenses which are personal to him or which pertains to his own share alone – such
as minority, insanity and others purely personal to him.
• Defenses personal to the other solidary creditors but only as regards that part of the
debt for which the other creditors are liable.