A joint and several obligation is a type of debtor relationship in which multiple persons (debtors) are collectively responsible for the same obligation to the same creditor. This means that each joint and several debtor can independently fulfil the entire obligation to the creditor.

Each debtor in a joint and several obligation is responsible to the creditor for the full obligation, and the creditor can demand its fulfilment from any one of them until it is fully satisfied. However, the obligation ceases when one debtor fulfils it, and all debtors are released. Among multiple joint and several debtors, each may owe a debt with a different due date, different conditions, and various other distinctions.¹⁸²

Each joint and several debtor thus bears equal responsibility for the entire obligation to the creditor. The creditor has the right to demand fulfilment of the obligation from any of the joint and several debtors until the full obligation is completely satisfied. Once one joint and several debtor pays the obligation, the obligation ends for all joint and several debtors, and they are all discharged

Example: A and B take out a loan from NLB—both are liable to repay it jointly up to 100%. The bank can demand repayment from either one or both of them. If the bank collects from B, B can sue A to recover 50%.

If one debtor settles the obligation, they have a recourse claim for their share against the remaining debtors.

When there are multiple creditors on the creditor’s side, they are only joint and several creditors if solidarity is agreed upon or prescribed by law.¹⁸³ Each joint and several creditor has the right to demand full payment from the debtor; however, the obligation also ceases for other creditors once one of them is paid. The debtor can fulfil the obligation to any creditor of their choice until a specific creditor demands fulfilment.¹⁸⁴

Exercise:

1. A spouse has taken out a loan to purchase a large quantity of heating fuel for their family home. The creditor can demand repayment of this debt:

• only from the spouse who took the loan
• only from both spouses together
• from either one of the spouses

2. The court has ruled that B, C, and D must jointly and severally pay A €1,000 with statutory default interest from June 1, 2015, until payment is made. A can demand fulfilment of the claim from:

• only B
• only C
• only D
• any one of them—B, C, or D, for the full amount¹⁸⁵