Mid

• Solidary obligation


  Each debtor is considered in his relation with the creditor as debtor of the entire performance or each debtor is obliged as if he were the only debtor
• Joint and several obligation

  Each debtor is considered in his relation with the creditor as debtor of the entire performance (as if he were the only debtor) or where both debtors are jointly liable for the whole debt
• Each solidary debtor or both solidary debtors, in so far as the creditor is concerned, is/are the debtor(s) of the entire amount individually (severally) or jointly
• The creditor has the discretion to select the most solvent debtor and ask everything from such debtor
• Unless otherwise agreed or provided by law, co-debtors shall be jointly and severally liable
• Rational for provision for joint and several liabilities

  • To protect creditors that the creditors may claim that the debtors are joint debtors, and therefore ask for payment of the entire debt of one of them only
  • The creditor does not have to divide his actions between the joint debtors: he will simply select the one most likely to be able to pay in full and lets him later take the risk of getting refunded from his co-debtors
• Each debtor will be liable until the obligation is fully discharged
• The creditor may assign his right in respect of one debtor and exercise it in respect of another, or that he may prosecute different debtors before different courts if necessary
• The action of the creditor against one debtor does not amount to a waiver of the actions open against the others later
• The inadmissibility of the action against one debtor is no bar on the links to the other debtors
• Personal objections may not be extended from one debtor to the other
• The obligations of each debtor may be of different amounts, such is the case for suretyship
• A notice given to one is deemed given to all, and interrupts limitation
• Where the creditor remits the debt to one of the co-debtors, then all the co-debtors will benefit from such remission as they are released from the obligation to the extent of the remitted debt
• Where novation occurs between one of the co-debtors and creditor, all the other co-debtors will be released from their obligation
• The other co-debtors can plead set-off to the extent of the obligation of the debtor who is owed by the creditor
• Merger between the creditor and one co-debtor does not release the co-debtors unless the debt should have ultimately rested with the beneficiary of the merger
• A debtor is required to abstain from doing anything which might aggravate the situation of the other co-debtors
• Where the debtor fails to raise a defense that is available to all co-debtors, then such a debtor will be liable to the other co-debtors
• After the performance of the obligation, the obligation becomes divisible among the co-debtors
• The presumption is that the shares of each debtor in the total debt are equal, unless there is a contrary agreement among the parties or a contrary provision of the law
• A debtor who has paid in excess of his share will be entitled to a right of recourse against the remaining co-debtors for the excess amount
• Where one of the debtors is insolvent, the risk is assumed by the others who pay his share, again in proportion of their own
• Divisible obligation


  An obligation that is neither joint nor indivisible, where the debt is divided into as many fractions as there are debtors
• Divisible obligations with multiple debtors


  • Each debtor may only be held for their own share
  • Debtors' shares may not be equal, depending on their contract or the law
• If one of the debtors has acted as a surety and guaranteed the entire debt, the effects of divisibility do not apply
• Indivisible obligation

  An obligation where the object is indivisible, either absolutely or relatively
• Interruption of period of limitation of actions

  Preserves fully the rights of the creditor as against all co-debtors
• Indivisibility of obligation


  Each creditor may demand performance of the obligation in full and may validly discharge the debtor
• Each creditor may not be entitled for remission of entire debt or make novation agreement over the total debt
• If one creditor deals with the debtor, the debtor remains bound to the other creditors, deductions being made of the part of the one who dealt with him
• Interruption caused by one of the creditors, and suspension of prescription established in favor of one of them, benefits all others
• If one of the creditors received the payment, he is required to reimburse the extra amount he received
• Divisible obligations


  Obligations where the debt is to be divided into as many fractions as there are debtors
• According to Article 1918, an obligation is said to be divisible where it is neither joint nor indivisible
• In divisible obligations, each debtor may only be held for his own share
• In divisible obligations, each debtor is bound to pay only his respective portion of the debt, which may not be necessarily equal to that of the others
• In divisible obligations, one debtor may have acted as a surety and guaranteed the payment of the entire debt
• Debtor


  A person or entity that owes money or has a debt to another person or entity
• Divisible obligations with multiple debtors


  A situation where there are multiple debtors, each responsible for their own share of the debt