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Simple English definitions for legal terms
in solidum
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A quick definition of in solidum:
Term: IN SOLIDUM
Definition: When someone has an obligation that creates joint and several liability, it is called in solidum. This means that each person involved is responsible for the whole obligation, not just a part of it. It is a term used in many civil-law jurisdictions, but not in Louisiana anymore. Another term for in solidum is solidary.
A more thorough explanation:
IN SOLIDUM
in solidum (in sol-uh-dum) is a Latin term that means "as a whole." It refers to an obligation that creates joint and several liability.
For example, if two people are jointly and severally liable for a debt, they are each responsible for the entire amount of the debt, not just a portion of it. This means that if one person cannot pay their share, the other person is still responsible for the entire debt.
The term is commonly used in civil-law jurisdictions, but it is no longer used in Louisiana.
- Two business partners take out a loan for their company and sign a contract that states they are jointly and severally liable for the debt. If the company cannot pay the loan, the bank can go after either partner for the entire amount.
- A group of friends rent a vacation home and sign a lease that states they are jointly and severally liable for any damages. If one friend accidentally damages the property, the landlord can hold any of the friends responsible for the entire cost of repairs.
These examples illustrate how an obligation that is in solidum creates joint and several liability, meaning that each person is responsible for the entire obligation, not just a portion of it.