Legal Definitions - virile share

A virile share, also sometimes referred to as a virile portion, is a legal concept primarily found in civil law systems. It describes the individual portion of a shared debt or obligation that each person owes when they are responsible for that debt both collectively and individually.

When individuals are deemed "jointly and severally liable" for a debt, it means that while each person is responsible for their specific virile share of the total amount, the creditor (the party owed the money) has the legal right to demand the entire debt from any single one of them. If one person ends up paying more than their individual virile share, they typically have a legal right to seek reimbursement or "contribution" from the other responsible parties for their respective portions.

Here are a few examples to illustrate this concept:

• Business Partners' Loan: Imagine two business partners, Alex and Ben, take out a $200,000 loan to purchase new equipment for their company. The loan agreement specifies that they are "jointly and severally liable." This means Alex's virile share of the debt is $100,000, and Ben's virile share is also $100,000. However, if the business faces financial difficulties and defaults on the loan, the bank could legally demand the entire $200,000 from either Alex or Ben. If Alex pays the full $200,000, he would then have a legal claim against Ben for his $100,000 virile share.

• Co-signed Apartment Lease: Sarah and Maria decide to rent an apartment together, and both sign the lease agreement, which includes a clause for "joint and several liability" for the rent. Their monthly rent is $1,800. Sarah's virile share of the rent is $900, and Maria's is also $900. If Maria unexpectedly moves out before the lease ends and stops paying her portion, the landlord can legally demand the full $1,800 monthly rent from Sarah alone. Sarah would then be responsible for her own $900 virile share and Maria's $900 virile share, although she could pursue Maria for reimbursement.

• Inherited Estate Debts: In a civil law jurisdiction, three adult children—David, Elena, and Frank—inherit an estate from their deceased parent. The estate has an outstanding medical bill of $45,000. Under the local law, they are considered jointly and severally liable for this debt as heirs. Each sibling's virile share of the debt is $15,000. If David and Elena are unable or unwilling to pay their portions, the medical provider could legally pursue Frank for the entire $45,000. Frank would then have the right to seek $15,000 from David and $15,000 from Elena.