In solidum refers to the joint and several liability that arises from an obligation, wherein each individual involved is accountable for the entire obligation rather than a portion of it. This term is commonly used in various civil-law jurisdictions, although it is no longer utilised in Louisiana. Solidary is another term that can be used interchangeably with in solidum.
In solidum, a Latin term meaning “as a whole,” refers to an obligation that imposes joint and several liability. This means that if multiple parties are jointly and severally liable for a debt or obligation, each party is responsible for the entire amount, not just a portion. Even if one party is unable to pay their share, the other party remains responsible for the entire debt. While this term is commonly used in civil-law jurisdictions, it is no longer utilised in Louisiana. For instance, if two business partners take out a loan for their company and agree to be jointly and severally liable, the bank can pursue either partner for the full amount if the company fails to repay the loan. Similarly, if a group of friends rent a vacation home and sign a lease stating they are jointly and severally liable for damages, the landlord can hold any of the friends accountable for the entire cost of repairs if one friend accidentally damages the property. These examples demonstrate how an obligation in solidum creates joint and several liability, where each person is responsible for the entire obligation rather than just a portion.
“In solidum” refers to a legal principle where multiple parties are jointly and severally liable for a debt or obligation. This means that each party can be held fully responsible for the entire debt, and the creditor can choose to pursue any or all of the parties for payment.
The principle of “in solidum” typically applies in situations where there are multiple debtors or parties involved in a legal obligation, such as co-signers on a loan or partners in a business venture.
Yes, if one party pays the full amount of the debt, they can seek reimbursement from the other parties involved. However, the creditor is not obligated to pursue all parties equally and can choose to collect from any one of them.
No, the liability is not divided equally. Each party is individually responsible for the entire debt, and the creditor can choose to collect the full amount from any one of them.
Generally, a party cannot be released from their “in solidum” liability without the consent of the creditor. If all parties agree to release one party from the obligation, it may be possible, but it is subject to the terms of the original agreement and the creditor’s approval.
Yes, if one party pays more than their share of the debt, they can seek contribution from the other parties involved. This means they can ask the other parties to reimburse them for the excess amount paid.
Yes, if a party fails to fulfill their “in solidum” liability, the creditor can seek legal remedies to enforce the debt against the party’s assets, such as bank accounts, properties, or other valuable possessions.
Generally, “in solidum” liability cannot be transferred to a third party without the consent of the creditor. The original parties involved in the obligation remain responsible unless the creditor agrees to release them and accept a new party as a substitute.
Bankruptcy laws vary by jurisdiction, but in many cases, “in solidum” liability cannot be discharged through bankruptcy. The debtor may still be responsible for their share of the debt, even if they are granted a discharge for other obligations.
Yes, parties can modify or waive “in solidum” liability through a contract if all parties agree to the changes. It is important to clearly outline the terms and conditions in the contract to avoid any confusion or disputes in the future.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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