Practice question
Three debtors owe one indivisible delivery. The contract contains no solidarity stipulation and no law or nature-based solidarity requirement is established. The creditor relies solely on indivisibility to demand the whole monetary burden from one as a solidary debtor. Which is correct?
- Indivisibility alone is insufficient to establish solidarity; the proper joint-indivisible framework must be applied
- Every indivisible thing creates solidarity automatically
- A creditor may unilaterally add solidarity after default
- Only the number of pages matters
- The debtor’s surname controls
Legal references
- Civil Code, Articles 1209-1210,1223-1230,1238-1243,1266-1268 and1423-1430: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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