Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
solidary
adj. (Of a liability or obligation) joint and several. See JOINT AND SEVERAL. "It is a single debt of £100 owing by each of them, in such fashion that each of them may be compelled to pay the whole of it, but that when it is once paid by either of them, both are discharged from it. Obligations of this description may be called solidary, since in the language of Roman law, each of the debtors is bound in solidum instead of pro parte; that is to say, for the whole, and not for a proportionate part. A solidary obligation, therefore, may be defined as one in which two or more debtors owe the same thing to the same creditor." John Salmond, Jurisprudence 462-63 (Glanville L. Williams ed., 10th ed. 1947).
solidary liability
Civil law. The liability of any one debtor among two or more joint debtors to pay the entire debt if the creditor so chooses. ( This is equivalent to joint and several liability in the common law. - Also termed liability in solido. See joint and several liability.
solidary obligation
. Roman & civil law. An obligation that binds each of two or more debtors for the entire performance. ( Solidary obligations are analogous to common-law joint and several obligations. "A solidary obligation means the separate liability of several persons in respect of one and the same object. The normal case of a solidary obligation is a joint delict, as when two or more persons, acting jointly, do damage to property or commit a theft. So far as the obligation creates a duty to pay damages, it is solidary. Each of the co-delinquents is liable to make good the whole of the same damage." Rudolph Sohm, The Institutes: A Textbook of the History and System of Roman Private Law 361-62 (James Crawford Ledlie trans., 3d ed. 1907).