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    $R802RIG

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    $R802RIG

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    3 views7 pages

    $R802RIG

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    Chapter three

    plurality of debtors or creditors


    Means the existence of more than one debtor/ creditor in a K.
    1. Plurality of debtors /co-debtors
    Their oblgn- b/n themselves & the creditor depends on the
    nature of oblgn assumed in z K.
    Debtors may agree to be bound by one of the f/g ways:
    1.1 joint obligation- all co-debtors are jointly liable for the
    oblgn-
    -Separate claim can be opposed
    /mandatory joinder of defendants, cpc 36, 43/
    1.2 several obligation- each debtor is liable only to the extent
    of his share
    -A debtor can oppose a claim beyond his share
    1.3 joint & several obligation/liability/ or solidary oblgn
    Each debtor is liable not only for his share, but also, the whole
    debt , depending on the will of the creditor.
    • Each debtor is liable to z whole debt in r/n to z
    creditor, but only to his share in r/n to his co- debtors
    • There is a reimbursement from others co-debtors
    The Ethiopian C.C. focused on the z 3rd type of joint
    obligation /1896-1909/
    However, it didn’t disregared the existence of the 1 st
    two oblgns- based on agreement or designation of the
    law.
    eg-divisible obgns- are several /1918
    - indivisible oblgns- are joint /1917
    However, the phrase “ -----regarding joint oblgn-----’’ in
    art.1917 should be amended to be “--- joint & several
    oblgn------’’ since there is no provision dealing with
    joint oblgn.
    Defenses against creditor
    • In Case of Joint & several oblgn
    – Capacity & consent- personal /individual/
    – Novation & remission can be common defenses
    unless concern specific debtor
    – Merger & setoff – can’t be raised by others unless it
    rest on the debtor with whom setoff is made or
    become a creditor.
    – Common defenses- period of limitation, total
    performance, nullity based on object & form /1808(2)
    Obligations other than joint and several
    obligation
    A-indivisible oblgn-
    are oblgns-the corporal/ intellectual division of their
    object is legally/ physically impossible. /1917/
    Eg. shares, debentures, bonds /com.code 328 & 438/
    One co- debtor can’t be forced to perform his share or
    the whole debt
    -it should be performed totally from all co-debtors
    B- divisible obligation /11918-

    -are oblgns- which are neither joint nor indivisible owing to


    their nature.
    -are divided b/n co-debtors.
    -are several oblgns-
    Each debtor is liable only up to his share.
    Excepn- surety of one debtor for z other
    2-plurality of creditors /co-
    creditors/
    • Creditor is holder of right/ entitled to claim rights/
    • Their right against z debtor or b/n them depends on the nature
    of right assumed under z K
    • They can assume in 3 ways
    – Jointly entitled- all creditors should join the claim
    – Severally entitled- each creditor can claim his share only
    – Jointly & severally entitled- either one of the creditors or all can claim
    the whole payment.
    – Payment of the whole debt to 1 will release the debtor.
    • Ethiopian C.C. /1910/
    • Unless otherwise agreed/ provided by law, joint
    creditors are not jointly and severally entitled
    claim
    • Art. 1911 & f/g deal on joint & severally entitled
    creditors

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