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.
Each of the creditors of an obligation with an indivisible performance, by nature or by contract, may demand and receive payment in full, subject to rendering an account to the others; but he alone may not dispose of the claim or receive the price instead of the thing. Each of the debtors of such an obligation is bound by it for the whole; but he has his remedies in contribution…
The assignment of a claim is a contract by which the assigning creditor transfers, for valuable consideration or free of charge, all or part of his claim against the assigned debtor to a third party called the assignee. It may relate to one or more present or future, determined or determinable claims. It extends to the accessories to the claim. The debtor’s consent is not required, unless the claim has…
The assignment of a claim must be recorded in writing, failing which it will be null and void.
As between the parties, the transfer of the claim, present or future, takes place on the date of the deed. It may be relied on as against third parties from that moment. In the event of a dispute, proof of the date of the transfer lies with the assignee, who may prove it by any means. .
The assignment may only be set up against the debtor, if he has not already consented to it, if he has been notified of it or if he has taken note of it. The debtor may raise against the assignee the defences inherent in the debt, such as nullity, the defence of non-performance, resolution or set-off of related debts. He may also raise defences arising from his dealings with the…
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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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