Legal Definitions - solidary obligation

A solidary obligation is a legal duty where multiple parties are responsible for the same debt or performance, and each party can be held liable for the entire obligation, not just a portion. This means the party owed the obligation (the creditor) can demand full payment or performance from any one of the responsible parties (the debtors).

If one debtor fulfills the entire obligation, the creditor's claim against all other debtors is discharged. However, the debtor who paid may then have a right to seek contributions or reimbursement from the other co-debtors for their respective shares.

Here are some examples to illustrate this concept:

• Business Loan with Co-Signers:

  Imagine three business partners, Sarah, Tom, and Uma, decide to take out a loan for their new restaurant. The bank requires them to sign the loan agreement as "solidarily obligated" parties. If the restaurant struggles and defaults on the loan, the bank has the right to demand the entire outstanding loan amount from Sarah alone, or from Tom, or from Uma. It doesn't have to pursue each partner for only one-third of the debt. If Sarah pays the full amount, the bank's claim is satisfied, and it cannot then demand payment from Tom or Uma. However, Sarah would then have a claim against Tom and Uma for their respective shares of the loan.

• Joint Apartment Lease:

  Consider three college students, Alex, Ben, and Chloe, who sign a lease agreement for an apartment. The lease specifies that they are "solidarily liable" for the monthly rent. If Ben moves out unexpectedly and stops paying his share, the landlord can demand the full monthly rent from either Alex or Chloe. The landlord is not limited to asking Alex for only his share. If Alex pays the entire rent for the month, the landlord's claim is satisfied, but Alex would then have a right to seek Ben's unpaid portion from Ben.