Q: Is the share of Jimin still demandable? If yes, who should bear the payment of Jimin’s share?
Jungkook, Suga, Jimin, and Jin are solidary debtors of RM for Php500,000. RM released Jin from the payment of his share of Php125,000. When the obligation became due and demandable, Jimin turned out to be insolvent.
A:
In a scenario where individuals are considered solidary debtors, each one is liable for the entire debt. This means that RM, the creditor, can demand the full amount of Php500,000 from any or all of the debtors, which includes Jungkook, Suga, Jimin, and Jin. However, since Jin has been released from his obligation to pay his share of Php125,000, the dynamics change slightly.
Given that Jimin has become insolvent and cannot fulfill his part of the debt, his share becomes a concern for the remaining solidary debtors. This is based on the principle of solidary obligations, where the responsibility shifts among the co-debtors to ensure the creditor is paid in full. Therefore, Jungkook and Suga, the remaining debtors, would be responsible for covering Jimin's share of the debt in addition to their own.
In summary, RM can still demand the payment of Jimin's share, but it falls upon Jungkook and Suga to bear the financial responsibility for this portion. This ensures that the creditor, RM, receives the full amount owed, despite Jin's release from the obligation and Jimin's insolvency. It underscores the importance of understanding the commitments and potential liabilities involved in solidary obligations.
A: This looks like it takes place outside the U.S., based on the unit of currency. If that's the case, it could be best to seek guidance from attorneys in the applicable jurisdiction. Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
