Meaning for the term together and separately and mutual guarantee
- Buying an apartment in Israel
- Contract Structure
This means that all individuals of the same party act as one entity towards the other party, and the internal meaning is that all the individuals of that party are full and responsible partners towards each other and each of the partners is responsible or dispatched to fulfill the other partners’ share in the contract.
Apparently, there is no need to add the phrase ‘together and separately and in mutual guarantee’, and even without the same phrase the partners are so indebted to each other by law.
However, this was not always the case.
So regarding the individual sellers, it is important to emphasize that it is not obvious that everyone is responsible for each other.
By law, a partner must bear according to his share in the common real estate the expenses necessary for their proper possession and management.
Admittedly, the law provides for a right of return for a partner who has incurred expenses as aforesaid from his share.
But outwardly the law does not impose an obligation on that partner to bear expenses in excess of his share. The law implies that the charge is a separate charge, of each of the partners.