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In the world of civil law, many people often confuse the terms... Solidarity andIndivisibility...although they carry different legal concepts that affect the rights and obligations between parties, especially in cases involving financial commitments and debts. Understanding the difference between these two concepts is essential for both creditors and debtors, as well as for partners in contracts and joint obligations.
In this article, we will explore in detail the difference between solidarity and indivisibility, clarifying the legal concept of each and their impact on the liability of the parties, based on civil laws and judicial practices in Qatar and other Arab countries.
Solidarity concept:
Solidarity It is a legal obligation characterized by a single source and a single cause, meaning that each of the debtors or creditors is fully responsible for the obligation or has the full right to claim it. Solidarity is manifested in two main types:
- Solidarity among debtors (Passive Solidarity):
In this case, if there are multiple debtors for a single debt, the creditor may demand the full payment from any one of them. Once one debtor pays the entire debt, they have the right to claim reimbursement from the other debtors for their respective shares. This type of solidarity strengthens the protection of the creditor and makes debt collection more efficient. - Solidarity among creditors (Positive Solidarity):
When there are multiple creditors for a single debt, any one of them may demand their share or even the full amount from the debtor. Once the debtor pays, they are discharged from their obligation toward the remaining creditors.
For solidarity to exist, there must be an explicit or implicit agreement between the parties or a clear legal provision—solidarity is not assumed by default. It typically arises in contracts that expressly state it or in specific cases defined by law.
Example of Solidarity:
If Ahmed and Ali are jointly liable for a debt of 100,000 riyals, the creditor has the right to demand the full amount from Ahmed alone. If Ahmed pays the entire debt, he has the right to seek reimbursement from Ali for half the amount.
Indivisibility concept:
Indivisibility It is an obligation that arises from multiple sources of liability while the subject of the obligation remains the same—meaning the debt is one, but its sources are different. In this case, each debtor has an independent obligation toward the creditor, and the source of the obligation may be contractual for one debtor and tortious for another.
For example, one person may be liable for the debt under a contract, while another person may be liable for the same debt due to a fault or negligence. In this case, the obligation is considered… Indivisibly.
Characteristics of the Indivisible Obligation:
- Multiplicity of sources of the obligation.
Each debtor is bound by a single obligation, but the sources of that obligation may vary (e.g., contractual and tortious). - Unity of subject matter.
The debt claimed by the creditor is one and indivisible. - The creditor's right to claim from any of the debtors.
The creditor may demand full payment of the debt from any of the debtors, but the debtor who pays does not have the right to seek reimbursement from the other debtor due to the difference in the sources of the obligation.
Example of Indivisibility:
If Mahmoud owes a debt to an insurance company under a contract, and another person is liable for the same debt due to damage they caused, the company may demand the full amount from either of them. However, neither party has the right to seek reimbursement from the other.
The Fundamental Differences Between Solidarity and Indivisibility
| Item | Solidarity | Indivisibility |
|---|---|---|
| source of the obligation. | A single source and unified cause (agreement or legal provision) | Multiple sources of obligation (e.g., contractual and tortious) |
| Unity of the debt | One debt with a unified cause | The debt is one, but its sources are different |
| Debtors' liability | Each debtor is liable for the full debt, and the paying debtor has the right to seek reimbursement from the others | Each debtor is liable for the full debt, but has no right to seek reimbursement from the others |
| Creditor's right | The creditor may claim the full debt from any one of the debtors | The creditor may claim the full debt from any one of the debtors |
| Legal presumption | Not presumed except by explicit agreement or legal provision | Arises automatically when there are multiple sources of obligation |
Legal and Practical Effect
- Solidarity It provides strong protection for the creditor, as they can collect the full debt from any debtor, and it ensures that the debtors later share the amount among themselves. This creates a strong legal bond between the debtors.
- Indivisibility It reflects a situation of multiple sources of obligation, but it does not create a legal bond between the debtors for reimbursement, which may make debt recovery more complex.
Practical Applications in Qatari Law
The Qatari Court of Cassation has affirmed in several of its rulings that a solidarity obligation requires a single source, while an indivisible obligation arises from multiple sources of obligation while the subject matter remains the same. It emphasized that both types grant the creditor the right to claim the full debt from any debtor, but they differ in the paying debtor’s right to seek reimbursement from the other debtors.
The Role of Al-Hamad Law Firm in Providing Legal Consultations
At Al-Hamad Law Firm for Legal Consultations and Arbitration, we provide our clients with a comprehensive explanation of the nature of legal obligations, helping them understand the difference between solidarity and indivisibility, and how to deal with each case legally. We also offer professional legal representation in disputes arising from such obligations to ensure the best possible protection of your rights.