Civil Code divides the concept of "responsibility" for several species.In particular, in this article we will explain what a joint responsibility, and when it can occur.It should be noted that a certain economic interest in concluding various transactions arises not only creditors but also debtors.However, there is a joint responsibility of citizens or entities do not always, but only if the subject of the obligation can not be divided, when hurting several persons and in some other cases.
concept of shared responsibility
As already mentioned, this type of liability comes only under certain circumstances.Solidary liability - an obligation that can occur only in situations stipulated by the Civil Code, some other regulations or contract directly.The law states that if several creditors or debtors has an obligation associated with the business, then they should bear the responsibility together.This is primarily due to the fact that the business relationship there is always an increased risk.
Legislation
The Civil Code and some other laws clearly state may occur when a shared responsibility.For example, if for the choice of the seller, according to the contract of sale, will be responsible landlord, the tenant may make claims that arise from the agreement on the sale, the seller of the property, as well as the landlord.The same applies to the buyer of the goods, if the item purchased will be of poor quality or defective.Thus, the consumer is given the option to submit a claim either the seller or the manufacturer directly.The law provides for the mutual obligations of the founders of certain types of legal entities.Thus, the participants partnership agreement should be jointly liable for all obligations established organization.In the Civil Code also provides another case, when a certain person will be responsible mutual - causing damage to several subjects.That is, that there was a shared responsibility, the person need not be bound by contractual relations.It is enough that they have committed the same offense.
Commitments
As we have seen, the responsibility of solidarity - a commitment that occur simultaneously in several individuals at the confluence of certain circumstances.At the same time, this burden may arise by virtue of not only the law but also contract.If the agreement is fixed rate that the debtors are jointly liable to the creditor, it may require the payment of the debt as at all debtors and each of them separately.Such a person has all the power to oblige one of them to pay part or all of the amount of the debt in its entirety.The law also stipulates that if one of the debtors are not fully pay the debt, the lender is entitled to demand the missing amount from the other parties to the transaction.The joint debtors will be required until such time as they do not fully meet their obligations under the contract.
Rights
creditor solidary liability - this is a very important mechanism to protect the rights of the creditor.If the debtor is a joint obligation, it should not object to the requirements of the lender.If one of the debtors will fulfill obligations, the others who with him jointly and severally liable shall be exempt from such actions in favor of the creditor.
If agreement stipulates no other conditions, the obligor, who performed the joint and several responsibility may present regressive (back) claim to other debtors on the reimbursement of its costs to cover the debt (minus the share that falls on him).After repayment of debt the debtor becomes a creditor to the other co-debtors.If they do not agree to cover this amount voluntarily, such a person may apply to the court.
privileges and guarantees for the parties
model of relations is quite favorable to the creditor, because it gets a lot more assurance that the obligation will be fulfilled.Joint and several liability in civil law has been provided to reduce the risk of loss to the lender.After all, if one of the co-debtors do not pay the debt, then it is likely that the lender cover losses fully or partially able to the other party, which shall bear joint liability.At the same time it should be noted that there may be another situation.Civil law provides that there may be such relationship when the parties to the contract will be one more debtor and creditors.
responsibility with the condition
In some cases, joint and several liability on the loan can occur in a person who is not a party to the contract.However, to become a debtor of the obligations of a person only under certain conditions.For example, if the company was reorganized and if the separation balance sheet does not establish a legal successor, the responsibility for the debts of the company can be transformed subsidiary (if it meets with the principal entity of all transactions).
subsidiarity and shared responsibility: differences
addition to solidarity, the law defines another kind of responsibility - subsidiary.The principal differences between the two concepts is that a default commitment can occur only if the principal debtor can not personally fulfill its obligations.In other words, the subsidiary debtor - a kind of "reserve player", an additional guarantee that an obligation will still be enforced.The lender can not immediately send additional debtor to repay the debt.He may bring such a claim only after the "main" borrower fails to fulfill its obligation.If the lender will require the subsidiary to repay the debt from the debtor, that person should report it the principal debtor.If a subsidiary of the debtor will be served a lawsuit, the trial should be involved, and the main borrower.
Results
We have examined all the cases can occur when the joint and several liability.The Civil Code at the highest level regulates the relationship between the joint debtors (creditors).Joint liability may arise by virtue of the provisions of the contract, the law or causing harm to several persons.If one of the co-debtors to fulfill obligations to the lender (the victim) in full, then it has the authority to demand compensation from the other parties of such amount (not including its share).At the same time the lender itself the right to decide to whom to make demands: all persons obligated under the contract, or to some one.
responsibility of solidarity - a mechanism that is designed to minimize the risk of the lender.However, this responsibility may occur not always, but only in the case of indivisibility of the subject obligation or if more than one person at a time will cause harm.
