Definition : Solidarity

A situation that may occur when several people are obligated to pay the same debt (e.g., several borrowers on a hypothecary loan). Solidarity allows the creditor to address, at his choice, any of these persons and claim from him or her the entire amount owed. The person who pays the full amount of the debt can then claim from the other borrowers their respective shares. Solidarity is not presumed; it exists only when it is expressly provided for by law or stipulated in the contract.

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The juridical personality of the syndicate is distinct from the one of the co-owners and directors. His acts are binding only on himself, besides for the exceptions provided by law. The faults committed by the syndicate have consequences only on its own civil liability and not on the directors. Under these conditions, they are held harmless by the syndicate and assume no responsibility for any costs, expenses, charges or losses they have incurred for the administration of the building and the syndicate. This is the basic principle, but it is important to bring several nuances to it. Indeed, a director must never lose sight of the interest of the community of co-owners.
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