THE LAW OF OBLIGATIONS AND CONTRACTS

Kindly answer the following questions:

I.

1. If there are two (2) or more debtors in one and the same obligation, is their liability joint or solidary? Please explain.

2. In case of active solidarity, to whom shall the debtor or debtors make payment?

3. Give the effect of the condonation or remission of a debt by one of several creditors where:

(a) the obligation is joint;

(b) the obligation is solidary.

4. In case a remission is made by a creditor of the share of one of the solidary debtors, is the said debtor released from responsibility to his co-debtor/s? Please explain.

5. Suppose a solidary debtor obtained remission of the whole obligation, is he entitled to reimbursement from his co-debtor/s? Please explain.

II. Explain or state briefly the rule or reason of the answer.

1. X, Y, and Z bind themselves to pay W P30,000. Only X received the money as per agreement between X, Y, and Z. On the due date of the obligation, has W the right to demand the full payment of P30,000 from Z alone?

2. X, Y, and Z promised to pay W solidary P30,000 on or before September 10 without need of demand. On September 9, X paid the whole P30,000 to W.

(a) How much can X collect from Y and Z?

(b) May X collect interest from Y and Z?

(c) Suppose Z turns out to be insolvent, how much can X collects from Y?

3. A owes B and C, solidary creditors, the sum of P20,000:

(a) Can C condone the debt without the consent of B?

(b) Can C assign his rights without the consent of B?

4. A, B, and C are solidarily liable to D. For their failure to pay, D filed a complaint in court but only against C. Has C right to demand that A and B be also included as party defendants?

5. A, B, and C, co-owners, sold a printing equipment to D. They solidarily bound themselves to deliver the equipment on a certain date. Through the fault of C, the equipment was completely destroyed. Give the rights and obligations of the parties.