Joint and several liability (Civil Code, Art. 322) in the case when it is provided by the contract or established legally under the obligation of the indivisibility of the object.She also appears in the commitment to the multiplicity of participants.Joint and several liability of several debtors is considered to be such, unless the law provides otherwise.Under the Civil Code mentioned obligations may apply to participants in the partnership, the companies with the additional responsibility.There is also a joint responsibility of the guarantor and the debtor under the contract, the founders of the JSC in accordance with the obligations formed before the registration of the company, formed for the legal representatives in the case, when in the process of reorganization is not possible to determine the legal successor.In addition, it applies to persons who have jointly caused harm to the victim, as well as in some other cases.
Joint and several liability gives the lender the right to demand fulfillment of the obligations or of all debtors, or each of them separately.However, he may require the entire debt in full, or part of it.
If the creditor has not received meet the requirements of one of the debtors, he can make a claim to other participants.This debtor will remain obligated until the moment when the requirements are not met fully.The lender establishes the procedure for submission of claims.
If joint liability performed one of the debtors, the obligation with the other members are removed completely.The person, fulfilling the requirements of the lender has the right to file return (recourse) to the requirements of the other debtors in equal parts, subtracting its share.In this case, the responsibility of the remaining persons shall be deemed not to solidarity and equity.
If a debtor fails to pay the share falls on him (due to bankruptcy, for example), it should be divided equally among the remaining participants, including the one who performed the obligation.
the above provisions is stopped and shared responsibility offset counterclaims presentation from one of the obliged.
liable for damages only applies to the causer.In the process of insurance the insurer fulfills certain obligations.At the same time it also does not apply to liability for damages.Insurers (both collectively and individually) are not considered as persons cause damage.In this regard, not jointly and severally liable for it.They are also not be obliged to implement the insurance payment, as in the framework of the insurance they are not legal entities are required.The Civil Code of the joint and several liability referred to in the case of co-registration.And even in this case the law does not imply compensation, and payments of insurance compensation.
most common of all forms of joint and several liability is considered "passive responsibility".It occurs between several debtors.In this case, a private security in various forms.In fact, this means that the chances of the lender to meet their demands increase.This is due mainly to the fact that it can refer to any of the debtors, while requiring payment of the debt in full.
Passive obligations may arise on the basis of the agreement concluded in the form of a contract.
Different forms of solidarity are more likely to guarantee a place in the civil law.In the exercise of trade relations often have obligations under the bill, there is also the so-called "indivisible obligation."
