Efectele solidarității pasive între creditor şi (co)debitorii solidari
The effects of passive solidarity between the creditor and joint debtors

Summary/Abstract: The main effects of passive solidarity consist in: the obligation of each debtor to pay the debt in full, as they are bound by a single obligation – eadem ius, eadem pecunia; any of the joint co-debtors may offer the creditor payment in full of the debt, such payment releasing all joint debtors from their common creditor; joint obligations have the same single object, namely the performance owed by all co-debtors.If the debtor is being pursued, they may oppose the creditor with a series of "defenses," namely a series of exceptions, such as personal exceptions and exceptions common to all debtors. With regard to personal exceptions, we distinguish between purely personal exceptions, which can only be invoked by a single co-debtor and benefit only him, being closely linked only to his person, the legal operation in question being intuitu personae, namely: grounds for relative nullity, which operate only in relation to one of the joint co-debtors; the terms (time limit, condition) agreed to only by one of the joint co-debtors; and personal exceptions that also benefit the other co-debtors (or personal exceptions that indirectly benefit the other joint co-debtors) by ricochet, namely: compensation, debt remission, confusion, waiver of joint and several liability.In regard to common exceptions (absolute or general) that may be invoked by any of the joint co-debtors, and which benefit all co-debtors, we distinguish: causes of nullity affecting the agreement of the parties; terms common to all agreements, where the debtors have committed themselves under a condition or subject to the same term; causes of extinction of obligations; novation by change of debtor; interruption or suspension of the statute of limitations; fulfillment of the resolutory condition, when all co-debtors have committed themselves subject to the same condition.

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