Solidary obligations for obligees
This is known as active solidarity. An obligation is solidary for the obligees when it gives each obligee the right to demand the whole performance from the common obligor. For example, if A and B together lend two hundred dollars to C, and it is agreed that each can have the right to seek the whole amount from C upon repayment, C's obligation to repay the money is solidary for the obligees A and B. Generally, full payment to any of the solidary obligees extinguishes the obligation. A common example of solidary obligations for the obligees is a joint bank account; when two or more names are on an account, they are obligees of the bank's obligation to make funds available on demand. Each obligee would have the right to withdraw the whole amount in the bank account.Solidary obligations for obligors
This is known as passive solidarity. An obligation is solidary for the obligors when each obligor is liable for the whole performance in such a way that a whole performance rendered by one of the obligors relieves the others of liability toward the obligee. In practice, this is much more frequent than active solidarity. When one co-signs a loan for another, they both become solidary obligors in relation to the debt owed. In regard to liability of the obligors between themselves, the proportions owed by each obligor in a solidary obligation stemming from a contract are deemed to be equal unless a provision in the agreement states otherwise. Passive solidarity can also be created as an operation of law. In the case of an offense or aRenunciation of solidarity
Since passive solidarity is mainly a guarantee and benefit for the creditor or obligee, he may renounce it at his pleasure. He may renounce it in favor of one or all of the obligors. If he renounces solidarity for only one of the obligors, this has the important effect of preserving his right to demand the whole performance from the remaining obligors bound ''in solido'', minus the portion owed by the one whose solidarity was renounced. The other obligors could no longer seek any type of contribution from the renounced obligor if one were then required to render the whole performance. The renunciation of solidarity must be express, although it need not be done in any formal manner. Generally, renunciation of solidarity takes place when he received a partial payment from one of the obligors, although the payment itself does not imply a renunciation. Under the
Insolvency of a solidary obligor
If one of the solidary obligors becomesIndemnity
If the circumstances giving rise to the solidary obligation only concern one of the obligors, then that obligor is liable for the whole obligation. The other obligors are only considered sureties. This means that although the unconcerned parties may be forced to pay the obligee some or all of the money, they can seek the entirety of their contribution from the concerned obligor in full.Interruption of prescription
The interruption of liberative prescription against one solidary obligor is effective against all of the solidary obligors. Thus, any action that would normally interrupt prescription as to one of the obligors will also prevent the debt from prescribing as to all of the other obligors.See also
*References
* L.T.C. Harms. “Obligations”, in ''The Law of South Africa'', 2nd edn. Vol. 19: ''Negotiable instruments, nuisance, obligations, partnerships''. Eds. W. A. Joubert & J. A. Faris. Durban: Butterworths, 2006. * R. W. Lee, Tony Honoré, E. Newman, & David Jan McQuoid-Mason. ''The South African law of Obligations'', 2nd edn. Durban: Butterworths, 1978. * Saúl Litvinoff. ''The Law of Obligations'', 2nd edn. 2 vols. Revised by Ronald J. Scalise, Jr. (Vols. 5 and 6, Louisiana Civil Law Treatise Series). Eagan, Minn.: Thompson Reuters, 2018, pp. 1:138-140, 142-143, 153-155, 158-162, 171-173. * Saúl Litvinoff & Ronald J. Scalise, Jr. ''The Law of Obligations in the Louisiana Jurisprudence: A Coursebook'', 6th rev'd edn. Baton Rouge: LSU Paul M. Hebert Law Center, 2008. In Loan Partners, LLC v. PTC Family Investments, LLC, ___ So.3d ___, 2014 WL 6725727 (La.App. 4 Cir. 2014), the court cited Marsh Engineering, Inc. v. Parker, 883 So.2d 1119 (La.App. 3 Cir. 2004), which considered whether a solidary obligor could benefit from the application of La. R.S. 9:5605, the application of which released an attorney solidary obligor, when the non-attorney solidary obligor did not have the requisite attorney-client relationship to assert a defense under this statute. The court explained: "A solidary obligor may raise against the obligee defenses that arise from the nature of the obligation, or that are personal to him, or that are common to all the solidary obligors. He may not raise a defense that is personal to another solidary obligor." La.Civ.Code art. 1801. " en an immunity from suit is classified as personal, an insurer may not plead the immunity as a defense to a suit under the Direct Action Statute." Liberty Mut. Ins. Co. v. State Farm Mut. Auto. Ins. Co., 579 So.2d 1090, 1093 (La.App. 4 Cir.), writ denied, 586 So.2d 563 (La.1991). Thus, the question is whether the protection provided an attorney under La. R.S. 9:5605 is personal to the attorney. We conclude it is not." Id., 04–0509, p. 11, 883 So.2d at 1127. Law of obligations Debt Louisiana law