Joint obligation

Joint obligation – within the meaning, given by the Law of Contracts in many legal systems, the joint obligation refers to an obligation that rises where more than one person is obliged to pay someone’s debt towards their creditor. There are several important details here to be pointed:

1) Namely every obliged person is liable for the whole amount of the debt to be paid to the creditor, although being part of a group of debtors.

2) The other specific moment of the joint obligation is that the creditor is entitled to point litigation procedure against any particularly chosen debtor – i.e. not against the main debtor but also any other person who obliged together with the debtor.

3) The debtor who pays the whole debt to the creditor, then receives a right of regress claim against the other associated debtors who were also liable to the creditor, but paid nothing. This debtor subrogates in the rights of the creditor against all other debtors who didn’t pay.

The joint obligation is called somewhere “several obligations”. Its main role is to allow quicker payment of the debts, because the creditor initially does not care who pays to them, as long as the whole debt is properly covered.

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