Efectele solidarităţii pasive între creditor şi (co)debitorii solidari

dr. IOAN ADAM

Prof. univ. - Facultatea de Drept, Universitatea "Titu Maiorescu" din Bucureşti

ABSTRACT

The main effects of passive solidarity consist in: the obligation of each debtor to pay the debt in full, as they are bound by a single obligation - eadem ius, eadem pecunia; any of the joint co-debtors may offer the creditor payment in full of the debt, such payment releasing all joint debtors from their common creditor; joint obligations have the same single object, namely the performance owed by all co-debtors.

If the debtor is being pursued, they may oppose the creditor with a series of "defenses," namely a series of exceptions, such as personal exceptions and exceptions common to all debtors. With regard to personal exceptions, we distinguish between purely personal exceptions, which can only be invoked by a single co-debtor and benefit only him, being closely linked only to his person, the legal operation in...