Descriere
Joint and several liability is a type of obligation with multiple debtors that gives the creditor the right to claim payment of the entire debt from any of the joint and several debtors whose simultaneous action caused the same damage, to pursue any of them, at their discretion, in order to recover their claim in the easiest way possible. In these relationships between co-debtors and the creditor seeking enforcement of the performance that is the subject of the joint and several obligations, the rule of unity of subject matter (eadem ius, eadem pecunia) of that obligation and the plurality of links between the subjects of that relationship, i.e., between the creditor and each of the debtors, applies.
Joint and several liability is not presumed in cases where the debtors of an obligation are not professionals, regardless of whether the creditor is a professional and operates a business. Legal joint and several liability constitutes a guarantee for the realization of the claim of the injured party against the risks of insolvency of some of the joint and several co-debtors in order to be able to fully repair the damage caused, and the sources of joint and several liability are the will of the parties and the law.
