Legal Definitions - solidarity

In legal terms, solidarity refers to a situation where multiple parties are each individually responsible for the entire amount of an obligation, such as a debt, a contractual duty, or damages.

This means that if an obligation is subject to solidarity, the party owed the obligation (the creditor) can demand the full amount or performance from any one of the responsible parties, or from all of them collectively. The creditor does not have to pursue each party for only their proportional share. Once the full obligation is satisfied by one or more of the parties, the obligation is extinguished for all of them, though the party who paid may then have a right to seek contributions from the others.

Here are a few examples to illustrate this concept:

• Business Loan: Imagine two business partners, Sarah and Tom, take out a loan from a bank to fund their new startup. The loan agreement states that they are "jointly and severally liable" for the debt. If the business encounters financial difficulties and cannot repay the loan, the bank has the right to demand the entire outstanding loan amount from Sarah alone, or from Tom alone, or from both of them together. Even if Sarah only owns 50% of the company, the bank can legally pursue her for 100% of the debt. This demonstrates solidarity because each partner is individually responsible for the full repayment of the loan.

• Apartment Lease: Consider three college students, Alex, Ben, and Chloe, who sign a lease agreement together for an apartment. The lease specifies that they are "jointly and severally liable" for the rent and any damages. If Ben decides to move out unexpectedly in the middle of the lease term and stops paying his share of the rent, the landlord can demand the full monthly rent from Alex, Chloe, or both of them. The landlord is not obligated to chase Ben for his one-third share; they can hold Alex and Chloe responsible for the entire amount. This illustrates solidarity because each tenant is individually responsible for the entire rent obligation, not just their proportional portion.