أسباب الانقضاء للالتزام التضامني المختلف في أحكامها بين القانون المدني الجزائري وقانون الموجبات والعقود اللبناني: دراسة مقارنة

Abstract EN

The termination of the solidarity obligation is one of the most important effects of the negative solidarity between the creditor and the solidary debtors, however, such an expiry may be exculpatory of all debtors' guilt before the creditor where there are reasons for total expiry, it may also be exculpatory of a debtor's indebtedness when there are reasons for partial termination, and the termination of a solidarity obligation, whether in whole or in part, can be achieved only for one of these reasons, which came in civil legislation, such as fulfilment or the equivalent of such fulfilment, has differed in some of these reasons, some of them being regarded as a tool for partial termination of the solidarity obligation, while others as a tool for total termination of this type of obligation and vice versa, this is the case both in Algeria’s civil legislation and in Lebanon’s civil legislation, which differed in particular in terms of reconciliation, set-off, in return for fulfil and renewal, as grounds for either the total or partial expiry of the solidarity obligation.