ИСТИНА

Unlike many other civil law jurisdictions, legal orders of France and Argentina establish two separate legal regimes for cases where several debtors are fully liable to the same creditor for the same damage: solidary obligations and obligations in solidum in France and solidary and concurrent obligations in Argentina. Since these regimes differ markedly from each other, the legislator and law enforcer need to be able to clearly distinguish between the hypotheses of their application. However, cases of solidary and concurrent liability in France and Argentina do not coincide, and what is considered as une obligation solidaire in France can be qualified by Argentinian lawyers as obligaciones concurrentes. At the same time, justice requires that these criteria be ubiquitously uniform. Thus, it is worthy of a special comparative investigation of the criteria formed both in French and Argentian law in order to determine the one whose application leads to a greater number of fair decisions.