Definition of IN SOLIDO


IN SOLIDO

A term used in the civil law, to signify that a
contract is joint.

2. Obligations are in solido, first, between several creditors;
secondly, between several debters. 1. When a person contracts the
obligation of one and the same thing, in favor of several others,
each of these is only creditor for his own share, but he may
contract with each of them for the whole when such is the intention
of the parties, so that each of the persons in whose favor the
obligation is contracted, is creditor for the whole, but that a
payment made to any one liberates the debtor against them all. This
is called solidity of obligation. Poth. Obl. pt. 2, c. 3, art. 7.
The common law is exactly the reverse of this, for a general
obligation in favor of several persons, is a joint obligation to
them all, unless the nature of the subject, or the particularity of
the expression lead to a different conclusion. EvansPoth. vol. 2,
p. 56. See tit. Joint and Several; Parties to action.

3. - 2. An obligation is contracted in solido on the part of the
debtors, when each of them is obliged for the whole, but so
that a payment made by one liberates them all. Poth. Obli. pt. 2,
c. 3, art. 7, s 1. See 9 M. R. 322; 5 L. R. 287; 2 N. S. 140; 3 L.
R. 352; 4 N. S. 317; 5 L. R. 122; 12 M. R. 216; Burge on Sur.
398-420.

Source: Bouviers Law Dictionary 1856 Edition

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