Paragraph 1: Joint and several liability

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.

Among themselves, the joint and several debtors contribute to the debt only each for his or her share. He who has paid more than his share has recourse against the others in proportion to their own share. If one of them is insolvent, his share is divided, by contribution, between the solvent co-debtors, including the one who made the payment and the one who benefited from a solidarity remission.

If the debt arises from a matter that concerns only one of the joint and several debtors, that debtor alone is liable to the others. If he has paid it, he has no recourse against his co-debtors. If they have paid it, they have recourse against him.

Joint and several debtors are jointly and severally liable for the non-performance of the obligation. The onus is definitively on those to whom the non-performance is attributable.