Define: Solidum

Solidum
Solidum
Quick Summary of Solidum

Solidum is a term derived from Latin and is utilised in Roman law to denote something that is complete and indivisible. It can also pertain to a joint and several liability or obligation, wherein every individual involved bears full responsibility for the entire debt or obligation, rather than just a portion of it. To illustrate, if two individuals owe £100 each, both are accountable for paying the entire £200. However, once one person settles the debt, both individuals are relieved from the obligation. This form of obligation is referred to as solidary.

Full Definition Of Solidum

Solidum, a Latin term used in Roman law, refers to a whole or undivided thing. It is commonly used in the context of solidary obligations, which are joint and several liabilities or obligations. For instance, if two individuals owe a debt of $100 each and both are accountable for paying the entire amount, they have a solidary obligation. This implies that either person can be compelled to pay the full $100, and once it is paid by one person, both are relieved of the debt. This example demonstrates how a solidary obligation functions. In this scenario, both debtors are jointly and severally liable for the debt, meaning they are individually responsible for the entire amount. This differs from proportional liability, where each debtor is only responsible for a portion of the debt. The term solidum is used to describe the undivided nature of the obligation, which is owed in full by each debtor.

Solidum FAQ'S

Solidum is a legal term that refers to a situation where a person or entity is responsible for a debt or obligation. It means that the person or entity is legally bound to fulfill the terms of the agreement or contract.

To determine if you are solidum with someone, you need to review the terms of the agreement or contract that you have entered into with that person. If the agreement states that you are jointly and severally liable for any debts or obligations, then you are solidum with that person.

Yes, if you have entered into an agreement or contract where you have agreed to be solidum with someone, you can be held responsible for their debts or obligations. It is important to carefully review any agreements before signing to understand your level of liability.

In some cases, it may be possible to be released from solidum liability. This can happen if the other party agrees to release you from the agreement or if you can prove that there was a breach of contract or fraud. However, it is advisable to consult with a legal professional to understand the specific circumstances and options available to you.

If one solidum party fails to fulfill their obligations, the other solidum party may be held responsible for the entire debt or obligation. This means that you may have to pay the full amount owed, even if the other party is unable or unwilling to contribute their share.

Yes, if you have fulfilled your obligations and the other solidum party has failed to contribute their share, you may have the right to sue them for their portion of the debt. Consult with a legal professional to understand the specific steps and requirements for pursuing legal action.

In some cases, it may be possible to negotiate your solidum liability. This can happen through discussions with the other party or through mediation or arbitration. It is advisable to consult with a legal professional to understand the best approach for negotiating your liability.

Yes, a solidum agreement can be changed or modified if all parties involved agree to the changes. It is important to document any modifications in writing and ensure that all parties sign the updated agreement.

Yes, a solidum agreement can be enforced in court if one party fails to fulfill their obligations. The court can order the non-compliant party to fulfill their share of the debt or obligation.

The potential risks of entering into a solidum agreement include being held responsible for the full debt or obligation if the other party fails to fulfill their share. It is important to carefully review and understand the terms of the agreement before entering into it to assess the potential risks involved.

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Disclaimer

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: 16th April 2024.

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