The Idea of Obligation in Solidum - Applied Comparative Legal Study

Abstract

The concept of the Idea of Obligation in Solidum is based on the existence of multiple debtors in a single debt linked by multiple sources. Each debtor is bound by a single debt that comes from multiple sources. The obligation of these debtors is based on the of the Idea of Obligation in Solidum, because their liabilities are all joined together in this single debt.

In preparing this research, we relied on the comparative inductive approach. By inductively examining the applications of the idea of ​​joint and several obligations, we arrived at a general principle that can be applied to all cases that are included in the idea of ​​this obligation. In order to achieve this goal, we resorted to making a comparison between Egyptian and Iraqi laws.

We have concluded that although the Iraqi legislator did not establish a general principle for Obligation in Solidum, it allowed the application of this obligation to many cases in which there are multiple debtors with an obligation arising from multiple sources, with no joint and several obligations between them.