Joint and several liability
A form of liability in which each of several debtors can be held responsible to the creditor for the entire debt on their own.
All termsUnder Turkish law, joint and several liability means that each of several debtors is liable to the creditor for the entire debt. The creditor may choose any debtor and demand full payment; performance by one releases the others towards the creditor.
Such liability arises either from the parties' express agreement or from statute. In commercial dealings, several persons who assume a debt together are presumed jointly and severally liable. Persons who jointly cause the same damage, and partners in an ordinary partnership, are classic examples of statutory solidarity.
Solidarity governs only the external relationship with the creditor. Internally, each debtor bears their own share, and a debtor who pays more than that share has a recourse claim against the others for the excess.
Kısmi borçlulukla karıştırılmamalıdır: kısmi borçlulukta her borçlu yalnızca kendi payını öder, teselsülde ise her biri borcun tamamından sorumludur.
Statutory basis
- TBK m.61
- TBK m.162
The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.