Insolidum liability

Abstract

It is the law which must provide the suitable and efficient tools to execute the legal rules some constitutions as mortgage, guarantee, joint and several liability and imprisonment of the debtors are created for this main. The insolidum liability constitution as far as others facilitate somehow the execution of the legal rules. Insolidum liability is a kind of joint and several liabilities. It means that the creditor can refers to each one of the debtors for the whole debt. But it is different from joint and several liability, because in the first place, the secondary effects do not exist in the Insolidum liability, and in the second place by absence of relation in the responsible, the payer can not refer to the others to compensate the payment out of his portion. This constitution is not acquainted in our legal system but there are some cases of plurality of responsible which correspond with this constitution.

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