Practice question
Does obtaining remission of the whole solidary obligation without paying it automatically entitle that debtor to reimbursement from the others?
- Yes; remission is always cash paid by that debtor.
- Every debt forgiven must be paid again to the recipient of forgiveness.
- No.
- The creditor’s release creates unlimited contribution claims.
- No distinction exists between paying and obtaining remission.
Legal references
- Revised Penal Code, Articles 109-110, apportioned shares and recourse: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
- Civil Code, Articles 774-776, 1216-1220, 1231-1238, 1288 and 1292, as particularly relevant: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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