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Solidary obligations
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Solidary obligations : ウィキペディア英語版
Solidary obligations

A solidary obligation, or an obligation ''in solido'', is a type of obligation in the civil law jurisprudence that allows either obligors to be bound together, each liable for the whole performance, or obligees to be bound together, all owed just a single performance and each entitled to the entirety of it. In general, solidarity in an obligation is never presumed, and it must be expressly stated as a true intent of the parties' will. Conventional solidary obligation are frequently created through insurance policies or the co-signing of a loan. A common example of a solidary obligation created thorough operation of law is vicarious liability such as ''respondeat superior''.
In relation to the idea itself, solidarity can be either active or passive. A solidary obligation that is active exists among the creditors or obligees in the transaction. It is passive when it exists among the debots or obligors in a transaction. A solidary obligation is almost always an advantage for a creditor because it will either allow any creditor to demand the entirety of the debt from the sole debtor when the solidarity is active, or it will allow the creditor to demand the entirety of the debt from any of the multiple debtors when it is passive.
The origin of solidarity can be traced to a Roman idea known as ''correality'' where one, individual thing was owed by more than one person. Under these circumstances, there was just a single obligation. There was a transformation and growth of this idea during the ''ancien regime'' before it was codified in the ''code civil'' under Napoleon in 1804.
In Louisiana law, solidary obligations are governed by Articles 1789-1806 of the Louisiana Civil Code.
==Solidary obligations for obligees==
This is known as active solidarity. An obligation is solidary for the obligees when it gives each obligee the right to demand the whole performance from the common obligor.
For example, if A and B together lend two hundred dollars to C, and it is agreed that each can have the right to seek the whole amount from C upon repayment, C's obligation to repay the money is solidary for the obligees A and B. Generally, full payment to any of the solidary obligees extinguishes the obligation.
A common example of solidary obligations for the obligees is a joint bank account; when two or more names are on an account, they are obligees of the bank's obligation to make funds available on demand. Each obligee would have the right to withdraw the whole amount in the bank account.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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