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Oblicon Activity

A, B, and C borrowed 12,000 from X according to a promissory note where they bound themselves jointly and severally. However, the note stated that A could only be compelled to pay on April 30, 2007, B on April 1, 2008, and C on March 30, 2009. On April 30, 2007, X demanded A pay the full amount but A only paid 4,000. X then sued A for the remaining balance. The action will not prosper. In solidary obligations, the creditor can only recover the amount owed by the debtor whose obligation has matured. X must wait until B and C's obligations mature on April 1, 2008 and March 30, 2009, respectively, to collect

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73 views1 page

Oblicon Activity

A, B, and C borrowed 12,000 from X according to a promissory note where they bound themselves jointly and severally. However, the note stated that A could only be compelled to pay on April 30, 2007, B on April 1, 2008, and C on March 30, 2009. On April 30, 2007, X demanded A pay the full amount but A only paid 4,000. X then sued A for the remaining balance. The action will not prosper. In solidary obligations, the creditor can only recover the amount owed by the debtor whose obligation has matured. X must wait until B and C's obligations mature on April 1, 2008 and March 30, 2009, respectively, to collect

Uploaded by

Jana Green
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Joint/ Solidary Obligations (Easy)

A, B, and C executed a promissory note stating that they will pay their indebtedness to X by the
end of the semester, without declaring that they are liable solidarily.......... Can one of them be
compelled to pay the entire obligation?

a. Yes, Art 1207 provides that the obligation is presumed to be joint. In this type of obligation, a
debtor can be compelled to pay only his proportionate share of the debt.

b. No, the obligation is presumed to be joint (art. 1207). In this type of obligation, a debtor can be
compelled to pay only his proportionate share of the obligation, ad provided in art. 1208.

c.Yes, the obligation is joint, therefore he can be compelled to pay the entire obligation.

(Average)

A, B, and C borrowed 12,000.00 from X, as evidenced by a promissory note wherein they bound
themselves to pay jointly and severally. However, according to the note, A can be compelled to
pay only on April 30, 2007; B can be compelled to pay only on April 1, 2008; while C can be
compelled to pay only on March 30, 2009. On April 30, 2007, X made a demand upon A to pay
the entire loan, but A paid only 4,000.00. Subsequently, because of A's refusal to pay the balance,
X brought an action against him for the collection of the amount. Will such action prosper?

a. The action will not prosper. In solidary obligation, the right of the creditor is limited to the
recovery of the amount owed by the debtor whose obligation has already matured. X shall have to
wait for April 1, 2008 when B's obligation shall have matured and for March 30, 2009, when C's
obligation shall have also matured. On Aptil 1, 2008, X can collect 4,000.00 from either A or B.
On March 30, 2009, X can again collect from either A, B, or C another 4,000.00.

b. The action will prosper. In solidary obligation, the creditor can compel either of the debtors to
pay the entire obligation.

c. The action will not prosper. The creditor has the right to recover the shares corresponding to the
other debtors whose obligations have not yet matured.

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