1) What is obligation –
According to Holland, An obligation as its entomology denotes is a tie by one person is bound to perform some act for the benefit of another. In some cases, the two parties agree thus to be bound together; in other cases as they are bound without their consent.
2) Definition of obligation –
Although It is hard to define term Obligation some eminent Jurists defined obligation. Definitions of Obligation are as follows –
According to Sir John Salmond” An obligation, therefore, may be defined as a proprietary right in personam or a duty which corresponds to such a right.” Obligations are all in one class of duties, namely those which are co-relatives of rights in personam.
According to Savigny an obligation is the control over another person, yet not over his person in all respects (in which case his personality would be destroyed), but over single acts of his which must be conceived of subtracted from his free will and subjected to our will
According to Prof. Paton, an obligation is that part of law which creates right in personam
According to Anson, “an obligation is a control exercisable by definite persons over definite persons for the purpose of Definite acts or forbearance reducible to a money value”
3) Kinds of obligations –
(a) Sole Obligation – Sole obligation is one in which there is one creditor and one debtor. e.g. A promise to B to pay $100. In this example, there is only one creditor and one debtor.
(b) Solidary Obligation – In case of Solidary Obligation there are two or more debtors owe the same thing to the same creditor. There are three kinds of solidary obligation see kinds of solidary obligation.
4) What is Solidary Obligation –
In solitary obligation, there are two or more debtors owe the same thing to the same creditor. that means there are two or more creditors entitled to the same obligation or two or more debtors under the same liability.
5) Kinds of solidary obligations –
In English law, solitary obligations are three distinct kinds which are- several obligation, joint obligations and joint and several obligations.
(a) Several solidary obligations –
Solidary obligations are several when, Although the thing owed in the same in each case, there are as many distinct obligations and causes of action as there are debtors.
(b) Joint solidary obligation –
Solidary obligations are joint when though there are two or more debtors, there is only one debt or other cause of action, as well as only one thing owed. The creditor must sue all of them and release of one operates as a release of others. For example when a Firm contracts a Debt all the partners are jointly liable. In English law, the liability of joint debtors is joint while in India it is joint and several
(c) Joint and several solidary obligations –
Certain solidary obligations are both joint and several. These obligations stand Midway between the above two. In this the creditor can sue one, some or all of them and release of one will not operate as a release of all other feasors. for example liability of joint tort committing the Tort jointly or two or more trustees jointly committing the same breach of Trust or joint debtors under Indian law.