ARTICLE 1217-1218

• What happens when a payment is made by one of the solidary debtors?


  It extinguishes the obligation.
• What can a creditor do if two or more solidary debtors offer to pay?


  The creditor may choose which offer to accept.
• If a solidary debtor makes a payment, what can he claim from his co-debtors?


  He can claim the share that corresponds to each, with interest for the payment made.
• What happens if payment is made before the debt is due?


  No interest for the intervening period may be demanded.
• How is the share of an insolvent debtor handled among solidary debtors?


  The share shall be borne by all co-debtors in proportion to the debt of each.
• What does payment consist of in the context of obligations?


  Payment consists in the delivery of the thing or the rendition of the service which is the object of the obligation.
• What is defined as interest in the context of borrowed money?


  Interest is compensation for the use of borrowed money.
• What is a solidary debtor entitled to if he makes a partial payment?


  He is entitled to be reimbursed only for the amount that exceeds his own share in the obligation.
• What happens if one of the debtors is insolvent and cannot pay his share?


  All solidary debtors, including the paying debtor, shall share proportionately in the settlement of the corresponding share of the insolvent debtor.
• Under what conditions does payment by a solidary debtor not entitle him to reimbursement from co-debtors?


  If the payment is made after the obligation has prescribed or become illegal.
• What are the two conditions that prevent reimbursement to a solidary debtor?

  1. Obligation PRESCRIBES: The creditor did not make any demand for more than 10 years.
  2. Obligation becomes ILLEGAL: A law has been passed making such prestation illegal.
• What is the time frame for an obligation to prescribe?


  More than 10 years without demand from the creditor.
• What does it mean when an obligation becomes illegal?


  A law has been passed making such prestation illegal.