What is jointly responsible?

What Does jointly responsible Mean

Responsible , originating from the Latin word responsum , is a term with various uses. In this case, we are interested in its meaning as the adjective that qualifies the person who has the obligation, whether moral or legal, to answer for something or someone. Solidarity , for its part, is that or that which is related or linked to a cause, a need, etc.

Joint liability is known as the obligation shared by several parties regarding a debt or other commitment. When there is a joint and several liability, a person has the right to claim payment of a debt or compensation for damage to any of those responsible or even to all of them , without any of them being able to excuse themselves to evade their responsibility.

This means that, in the case of a debt , the creditor can claim the entire payment from any of the individuals who are jointly and severally liable. They cannot decide to pay only a part or request that the creditor refer to another of those responsible. In other words: the jointly and severally liable person has the obligation to compensate the totality of the claim despite the fact that there are also other debtors.
For the creditor, the existence of joint and several liable parties is an advantage since they can claim the payment of the debt from any of them, since all must be liable for their rights. When you get the debt to be paid by one of the jointly responsible, you can no longer claim payment from the others (you can not pretend to collect your debt more than once ).
On many occasions, it must be emphasized that ordinary citizens tend to confuse what joint and several liability is with subsidiary liability. However, they are different things. The latter refers to the one that an individual has due to the default in the payment of a debt by a third person. Specifically, what happens is that, given the impossibility of being able to collect the money from the holder, the obligation is transferred to those who have amounts pending payment with him.
With this we refer to the fact that this type of responsibility only takes place at the moment in which the main debtor does not pay the debt that he has contracted.
In order to fully understand this difference between the two types of responsibility, nothing better than to resort to a specific example. Thus, for example, if we refer to a loan with guarantees we come across the fact that the guarantors have a subsidiary responsibility, insofar as they are going to be in charge of assuming the payment of the debt in the event that the holder does not do it accordingly.
In the same way, these guarantors also have a joint and several liability because a collection action can be exercised on any of them, indistinctly. A responsibility is that, in this specific case, is fully enforceable without the need for the principal debtor to declare himself incapable of facing the aforementioned debt.

Go up