| slovo | definícia |
IN SOLIDO
(bouvier) | IN SOLIDO. A term used in the civil law, to signify that a contract is
joint.
2. Obligations are in solido, first, between several creditors;
secondly, between several debtors. 1. When a person contracts the obligation
of one and the same thing, in favor of several others, each of these is only
creditor for his own share, but he may contract with each of them for the
whole when such is the intention of the parties, so that each of the persons
in whose favor the obligation is contracted, is creditor for the whole, but
that a payment made to any one liberates the debtor against them all. This
is called solidity of obligation. Poth. Ob. pt. 2, c. 3, art. 7. The common
law is exactly the reverse of this, for a general obligation in favor of
several persons, is a joint obligation to them all, unless the nature of the
subject, or the particularity of the expression lead to a different
conclusion. Evans' Poth. vol. 2, p. 56. See tit. Joint and Several; Parties
to action.
3.-2. An obligation is contracted in solido on the part of the
debtors, when each of them is obliged for the whole, but so that a payment
made by one liberates them all. Poth. Ob. pt. 2, c. 3, art. 7, s 1. See 9
M. R. 322; 5 L. R. 287; 2 N. S. 140; 3 L. R. 352; 4 N. S. 317; 5 L. R. 122;
12 M. R. 216; Burge on Sur. 398-420.
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