SOLIDARY

SOLIDARY

solidary (sol-[schwa]-der-ee), adj. (Of a liability or obligation) joint and several. See JOINT AND SEVERAL. [Cases: Action 14. C.J.S. Actions ¡ì 64.]

¡°It is a single debt of ?100 owing by each of them, in such fashion that each of them may be compelled to pay the whole of it, but that when it is once paid by either of them, both are discharged from it. Obligations of this description may be called solidary, since in the language of Roman law, each of the debtors is bound in solidum instead of pro parte; that is to say, for the whole, and not for a proportionate part. A solidary obligation, therefore, may be defined as one in which two or more debtors owe the same thing to the same creditor.¡± John Salmond, Jurisprudence 462¨C63 (Glanville L. Williams ed., 10th ed. 1947).


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