At present, we note that our law distinguishes between two main forms of apportionment of liability between different debtors (joint and several debtors), while the common law distinguishes three forms: joint and several liability, multiple liability and joint and several liability. JOINT LIABILITY: This is considered when two or more persons agree equally to meet each other for the totality of the obligation assumed or imposed. If liability has not been expressed or agreed within the framework of the solidarity arrangements, it is always assumed that several debtors will be jointly and severally, i.e. in equal shares, without having to react to the shares of the other. Modern doctrine, however, tends to explain the common and multiple responsibility of various persons obliged to fulfill certain obligations which it considers inappropriate, because of their social transcendence, in order to merit the protection of the general principle of politics. However – and this is why we said at the beginning that the terms are not quite equivalent to ours – Adams further points out that the term “multiple liability” is very often used broadly as the equivalent of joint and several (joint and several liability) and is rarely used in the narrow sense (by the formulation of several, but not jointly), to refer to the proportional allocation of liability among several debtors. that is, in a manner similar to our shared responsibility (TUDM, p. 329). Finally, it should be noted that the distinction between the two concepts refers rather to the proceedings and remedies available to the creditor (emphasis added): OVERALL LIABILITY: This is taken into account when two or more persons are liable to one or more creditors for the entire obligation assumed, either by express agreement, or by judicial taxation. so that each of the persons jointly and severally liable is faced with full performance of the obligation, without being able to apologize to the person who must share the obligation with the other debtors. Together, collective, together, together, in participation, associated, in solidarity. Joint and several liability: liability of more than one person.
Joint and several liability. This means that in this type of action, each controller is obliged to fully comply with the obligation. Excellent… It is important to know. and in a very didactic way… Congratulations. First of all, Alcaraz Varo`s English-Spanish Legal Dictionary offers us the following options: You`ll also have access to many other tools and opportunities for those who have (or are passionate) language-related jobs. Participation is free and the site has a strict privacy policy. Source: Civil Law Legal Blog Iuris Civilis. Available here. That was clear with your explanation, by the way, very well documented.
Loved the post. What would be the legal equivalents of solidarity and Commonwealth in the position of creditor? Best wishes. We have been slow to write this article because we have been collecting information on this topic for some time. The first concept seems well defined and translated into both dictionaries (joint and several liability = joint and several liability), but in the others there is already a great mix of options and a lot of confusion, especially with regard to joint liability. There seems to be some agreement that joint and several liability, or simply multiple liability, would correspond to our joint and several liability [obligations/debts] vis-à-vis joint and several liability. However, as we are not convinced by the equivalence of joint and several liability, and our experience with Anglo-Saxon legal texts does not correspond to what we read, we decided to look for authoritative sources and go to Anglo-Saxon (monolingual) legal dictionaries and teaching texts on this subject. Thank you for your kind words and for reading. A hug, Ruth I really liked this particular post, very interesting. They explained it with clarity and arguments (important). Thank you both! Joint and several liability (soil–dair-ee).
Civil law. The obligation of a debtor between two or more joint debtors to pay the entire debt if the creditor so wishes. Civil Code art. 1794. • This corresponds to joint and several liability at common law. — Also known as in solido liability. If we look at the bilingual dictionary of English-Spanish legal terminology published by Comares Verlag, we find the following: It seems that Ken Adams` explanation confirms our hypothesis. Also in Wikipedia, you will find a very interesting article on this subject, which goes in the same direction (Wikipedia. Joint and several liability. Available here). Therefore: At common law, there are several ways to assign responsibility for the performance of a particular obligation to someone, especially if there are several people who are obligated to perform the same obligation.
This is where the concepts of joint and several liability, multiple liability and joint and several liability come into play. With regard to your question, I think you mean solidarity/active Commonwealth, do you not? We think it would be something like “joint and several creditors” or “joint co-creditors”. But it is a quick response that would require further investigation. For this type of doubt, however, we recommend Rebecca Jowers` Thematic Dictionary of Legal Terminology ES-EN. In this context, however, we believe that our translation proposal can be valid in many contexts and that, in any case, it is never advisable to translate joint responsibility as bilingual dictionaries suggest.