Legal Definitions - solidary

The term solidary describes a type of legal obligation or liability where two or more parties are each individually responsible for the entire debt or duty, rather than just a proportionate share. This means that the party owed the obligation (the creditor) can demand full payment or performance from any one of the responsible parties.

Essentially, if an obligation is solidary, each debtor is bound for the whole amount. The creditor has the flexibility to pursue any one of them for the full amount, and once the entire obligation is satisfied by any one of them, all other responsible parties are also discharged from that specific obligation.

• Example 1: Business Loan for a Partnership

  Imagine two business partners, Alex and Ben, take out a $200,000 loan from a bank to expand their joint venture. The loan agreement specifies that Alex and Ben are "solidarily liable" for the debt. If the business struggles and defaults on the loan, the bank has the right to demand the entire $200,000 from Alex alone, or from Ben alone, or from both simultaneously. The bank does not have to split the debt and pursue $100,000 from each. If Alex pays the full $200,000, Ben is then discharged from his obligation to the bank, even though he was also responsible. Alex might then have a separate claim against Ben for his share, but the bank's claim is satisfied.

• Example 2: Co-signing an Apartment Lease

  Sarah and Emily sign a lease agreement for an apartment, and the lease states they are "solidarily responsible" for the monthly rent. If Emily moves out unexpectedly and stops paying her share of the rent, the landlord can demand the full amount of the monthly rent from Sarah. The landlord is not required to chase Emily for her half; Sarah is individually responsible for ensuring the entire rent is paid. Once Sarah pays the full rent, the landlord's claim for that month is satisfied against both Sarah and Emily.

• Example 3: Damages from a Multi-Party Accident

  Suppose two drivers, Mark and Lisa, are found equally at fault for causing a car accident that severely injures a third party, David. A court determines that Mark and Lisa are "solidarily liable" for David's medical expenses and damages, totaling $150,000. David can choose to collect the entire $150,000 from Mark, even though Lisa was also at fault. Alternatively, David could collect the full amount from Lisa. Once David receives the full $150,000 from either Mark or Lisa, his claim against both is satisfied. The driver who paid the full amount might then have a separate legal action against the other driver to recover their share.