Article 1307-5 of the French Civil Code
November 7, 2023
When the performances become impossible, the debtor is discharged only if the impossibility arises, for each of them, from a case of force majeure.
When the performances become impossible, the debtor is discharged only if the impossibility arises, for each of them, from a case of force majeure.
An obligation is optional where it has as its object a certain performance but the debtor has the option, in order to be discharged, of providing another. The optional obligation is extinguished if performance of the originally agreed service becomes impossible due to force majeure.
An obligation binding several creditors or debtors is divided between them by operation of law. The division also takes place between their successors, the obligation being joint and several. If it is not otherwise regulated by law or by contract, the division takes place by equal shares. Each of the creditors is entitled only to his share of the common claim; each of the debtors is liable only for his…
Solidarity is legal or contractual; it cannot be presumed.
Solidarity between creditors enables each of them to demand and receive payment of the entire claim. Payment made to one of them, who owes an account to the others, discharges the debtor in respect of all of them. The debtor may pay any of the joint and several creditors as long as he is not sued by one of them.
Any act that interrupts or suspends prescription in respect of one of the joint and several creditors benefits the other creditors.
Solidarity between debtors obliges each of them to pay the entire debt. Payment by one of them discharges them all to the creditor. The creditor may request payment from the joint and several debtor of his choice. Proceedings brought against one of the joint and several debtors do not prevent the creditor from bringing similar proceedings against the others.
A claim for interest made against one of the joint and several debtors shall give rise to interest on all of them.
The joint and several debtor sued by the creditor may raise defences common to all the co-debtors, such as nullity or resolution, and those which are personal to him. He may not raise defences that are personal to other co-debtors, such as the granting of a term. However, where an exception that is personal to another co-debtor extinguishes the latter’s divided share, in particular in the case of set-off or…
A creditor who receives payment from one of the joint and several debtors and grants him a remission of joint and several liability retains his claim against the others, after deduction of the share of the debtor whom he has discharged.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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