Legal Definitions - pro solido

Pro solido is a legal term, primarily used in civil law systems, that describes a situation where multiple parties are each responsible for the entire amount of an obligation or debt, rather than just their individual, proportional share. This means that the creditor or injured party can demand the full payment from any one of the responsible parties. The party who pays the full amount may then have the right to seek contributions from the other responsible parties.

Here are some examples to illustrate this concept:

• Lease Agreement: Imagine three roommates, Sarah, Tom, and Uma, sign a lease agreement for an apartment. The lease specifies that they are "pro solido" responsible for the rent. If Tom moves out unexpectedly and stops paying his share, the landlord can demand the entire month's rent from either Sarah or Uma. The landlord does not have to chase each roommate for their individual third of the rent. Sarah or Uma would then be responsible for trying to recover Tom's portion from him.

  This illustrates "pro solido" because the landlord can hold any one of the tenants fully accountable for the whole rental obligation, without dividing it.

• Business Loan: A small business, owned by partners Ben and Carla, takes out a loan from a bank. The loan agreement states that Ben and Carla are "pro solido" liable for the debt. If the business encounters financial difficulties and defaults on the loan, the bank can pursue either Ben or Carla for the entire outstanding balance, not just half from each. The bank has the flexibility to collect the full amount from whichever partner has the assets to pay.

  Here, the bank's ability to demand the full debt from either partner demonstrates their undivided responsibility for the whole loan amount.

• Construction Contract: A homeowner hires two contractors, David and Emily, to complete a major home renovation project. Their contract specifies that David and Emily are "pro solido" responsible for the timely completion and quality of the work. If the project is significantly delayed and poorly executed, causing the homeowner substantial damages, the homeowner can sue either David or Emily for the total damages incurred due to the breach of contract. The homeowner does not need to determine each contractor's exact percentage of fault before seeking full compensation.

  This example shows that the homeowner can hold either contractor fully accountable for the entire failure of the project, highlighting the "without division" aspect of their joint responsibility.