العلاقة بين المدينين المتضامنين و الدائن في القانون المدني اليمني و القانون المدني الأردني

Abstract EN

The relationship between the joint debtors and creditors is governed by legal rules, for each joint debtor to pay all the debt and the payment of one of the debtors to all the debt that results in the discharge of the other debtors towards the creditor, and these are what are called the unity of the place, and one of the consequences of the unity of the debtor is the creditor's right to demand any co-debtor to pay The value of the debt in full, and therefore the fulfillment of one of the debtors exonerates all debtors, and through this research paper we aim to liberate the relationship between the joint and creditor debtors, in Yemeni law and Jordanian law.

A comparative analytical method was used, where the legal texts were searched and analyzed with the aim of inferring the relationship under study and comparison between Yemeni law and Jordanian law, and a number of results were reached, most notably if a ruling was issued against one of the joint debtors alone, according to a lawsuit submitted by the creditor.

In the case, the creditor has no right to invoke this ruling against the other joint debtors, but if a ruling is issued in favor of one of the joint debtors without the other debtors being parties to this lawsuit, in this case all the co-debtors benefit from this ruling.