The Legal Nature of Solidarity and Its Effect on the Legal Regulation of Solidary Obligations

The majority of contemporary legal orders establish a unified regime of solidary obligations, while the essence and concept of solidarity are not unified: the narrow approach is based on the concept of solidarity as a single obligation with the plurality of persons, a wide approach also includes solidarity as a bunch of solidary obligations. The Russian legislator confuses two concepts, establishing the unity of a solidary obligation in general and calling some cases of the plurality of obligations solidary, which creates certain practical issues. At the same time, in 2015, the legislator of Argentina reconstructed the concept of the genuine solidary obligation as a single one and introduced a new institution of concurrent obligations (las obligaciones concurrentes) for cases of so-called ungenuine solidarity, getting rid of confusion. The comparative legal study of these obligations in the law of Argentina and Russia made it possible to look at the concept, intrinsic characteristics and legal nature of solidarity in these jurisdictions, as well as to establish some peculiarities of differentiated legal regulation of solidary obligations sensu amplo, which depends on the legal nature of solidarity.