Joint and several liability
Introduction
Solidarity Obligation is a type of obligation with a plurality of subjects, which consists of the existence of several debtors or creditors, of a benefit that, although it may be divisible, can be demanded from each of the debtors or creditors for the entire amount, so that the payment made or received by one of them extinguishes the entire obligation with respect to the rest.
Classification
In solidary obligations, unlike what happens with partial obligations, each debtor must pay the debt in full. The payment made by one of the joint debtors extinguishes the obligation and releases the other co-debtors from making the payment. The one who paid can in turn collect the part that corresponds to them from the other co-debtors, just as the creditor who received the payment must respond to the other creditors to satisfy the payment that corresponds to each creditor.
Solidarity is between the solidary debtors against the creditor, once one of the debtors pays, the solidarity is extinguished and becomes a partial obligation between the debtors.
The solvent debtor who made the full payment is subrogated to the rights to collect the fee or part of those debtors who had the interest, benefit or advantage regarding that obligation.