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A, B, C and D are the solidary debtors of X for P40,000. X released D from the payment of his share of P10,000. When the obligation became due and demandable, C turned out to be insolvent.
Should the share of insolvent debtor C be divided only between the two other remaining debtors, A and B? (1%)
(A) Yes. Remission of D’s share carries with it total extinguishment of his obligation to the benefit of the solidary debtors.
(B) Yes. The Civil Code recognizes remission as a mode of extinguishing an obligation. This clearly applies to D.
(C) No. The rule is that gratuitous acts should be restrictively construed, allowing only the least transmission of rights.
(D) No, as the release of the share of one debtor would then increase the burden of the other debtors without their consent.