Joint liability (Civil Code of the Russian Federation, Article 322) takes place when it is provided for by the contract or established legally, when the object of the obligation is indivisible. It also arises in an undertaking with a plurality of participants. The joint liability of several debtors shall be considered as such, unless otherwise provided by law. According to the Civil Code, these obligations may apply to participants in partnerships, companies with additional liability. There is also joint liability of the guarantor and debtor under the relevant agreement, the founders of the joint-stock company in accordance with the obligations formed before the registration of the company, for the formed legal representatives in the case when it is not possible to determine the legal successor in the process of reorganization. In addition, it applies to persons who jointly caused harm to the victim, as well as in some other cases.
Joint liability gives the creditor the right to demand fulfillment of obligations either from all debtors, or from each of them individually. At the same time, he can claim both the entire debt in full, and part of it.
If the creditor has not received satisfaction of claims from one of the debtors, he may present claims to other participants. In this case, the debtors will remain obligated until the requirements are fully met. The creditor shall establish the procedure for making claims.
If joint liability is fulfilled by one of the debtors, then obligations from other participants shall be withdrawn in full. At the same time, the person who has fulfilled the requirements of the creditor has the right to present a reverse (recourse) claim to the remaining debtors in equal parts, having deducted his share. In this case, the liability of the remaining persons will be considered not joint and several, but shared.
If one of the debtors does not pay the share falling on it (due to bankruptcy, for example), then its part is divided equally into all remaining participants, including the one who fulfilled the obligations.
The aforementioned provisions shall also cease joint liability by offsetting the presentation of counterclaims from one of the obligated.
For damage, liability only extends to the causer. In the insurance process, the insurer fulfills certain obligations. Moreover, it also does not cover liability for damage. Insurers (both collectively and individually) are not considered to be causing damage. In this regard, they are not jointly and severally liable for it. They are also not charged with the obligation to make insurance payments, since they are not obligated under the insurance legal relationship. In the Civil Code, joint liability is mentioned in the case of co-insurance. Moreover, even in this case, the law does not imply compensation for damage, but insurance indemnity payments.
The most common of all forms of joint liability is considered to be "passive responsibility". It occurs between several debtors. In this case, personal support is formed in various forms. This, in fact, means that the creditor's chances of meeting his claims are increasing. This is mainly due to the fact that he can turn to any of the debtors, while demanding the payment of all debt in full.
Passive obligations may arise on the basis of an agreement concluded in the form of a contract.
Different forms of joint guarantee more often take place in civil law. In the implementation of trade relations, obligations of a bill often arise, and so-called "indivisible obligation" also takes place.