Philippine Bar review · Question

Practice question: Joint and Solidary

Multiple Choice Hard

Practice question

Three solidary debtors have equal internal shares in a valid P90,000 debt. Dan pays all P90,000 when due. Eli is insolvent and cannot reimburse his P30,000 share; Fay is solvent. Under Article 1217, how is Eli's uncollectible internal share allocated between Dan and Fay?
  1. Entirely to Dan because he paid first.
  2. Entirely to Fay because she paid nothing initially.
  3. P15,000 to each, proportionately to their equal shares.
  4. Entirely to the creditor after full payment.
  5. It becomes an additional P30,000 debt owed by each.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 1217.

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