Article 1277

Confusion does not extinguish a joint obligation except as regards the share corresponding to the creditor or debtor in whom the two characters concur. (1194)

Hindi mapapawalang bisa ang joint obligation ng pagsasanib ng karakter ng nagpautang at umutang, maliban sa mga bahagi na may pag-aari o na napataw sa mga karakter na ito.

DISCUSSION

Joint Obligation, Concept; Distinguished From Solidary Obligation

In joint obligation there are two or more debtors or creditors, where debtor is liable for a proportion of debt and creditor is entitled to a part of a credit.

ILLUSTRATION:

Rara and Debi owed P 2 M from Frank. Rara and Debi had an agreement that Rara will pay the whole P 2 M to Frank. That extinguishes Debi’s obligation to Frank. However, Debi will be liable to pay P 1 M To Rara.

 

 

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