| slovo | definícia |
SOLIDO
(bouvier) | SOLIDO, IN, civil law. In solido, is a term used to designate those
contracts in which the obligors are bound, jointly and severally, or in
which several obligees are each entitled to demand the whole of what is due.
2.-1. There is an obligation in solido on the part of debtors, when
they are all obliged to the same thing, so that each may be compelled to pay
the whole, and when the payment which is made by one of them, exonerates the
others towards the creditor.
3.-2. The obligation is in solido, or joint and several between several
creditors, when the title expressly gives to each of them the right of
demanding payment of the total of what is due, and when the payment to any
one of them discharges the debtor. Civ. Code of La. 2083,2086; Merl. Repert.
h.t.; Domat, Index, h.t. See In solido.
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| | podobné slovo | definícia |
konsolidovat
(czen) | konsolidovat,consolidatev: Zdeněk Brož |
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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