1. Joint and Several Obligations

Article 279

Solidarity between creditors or between debtors is not presumed. It is created by agreement or by law.

Article 280

When there is solidarity between creditors, the debtor may pay the debt to anyone of them unless one of them objects to such payment.

Solidarity does not prevent the debt being divided between the heirs of one of the joint and several creditors unless the debt itself is indivisible.

Article 281

Joint and several creditors may take proceedings jointly or severally against the debtor for the performance of the obligation. In so doing, the conditions modifying the effect of the obligation as between each creditor and the debtor should be taken into account.

A debtor cannot, if he is sued for payment by one of his joint and several creditors, set up as a defence against that creditor, defenses that are personal as regards the other creditors, but he may set up defenses which are personal to the creditor suing him and those which are common to all the creditors.

Article 282

If a debtor is released of his debt to one of his joint and several creditors for a reason other than performance, he shall be released as regards the other creditors only up to the amount of the share of the creditor to whom he is no longer liable.

No one of the joint and several creditors may act in such a way as to prejudice the rights of the other creditors.

Article 283

That which a joint and several creditor receives on account of the debt reverts to all the creditors and will be divided between them proportionally.

The division shall be made in equal parts if there is no agreement or provision of the law to the contrary.

Article 284

When there is solidarity between the debtors, payment effected by one of them liberates all the others.

Article 285

A creditor may take action against all his joint and several debtors jointly or severally. In so doing, the conditions modifying the effect of the obligations as between the creditor and each of the co-debtors should be taken into account.

A co-debtor who is sued by a creditor for performance cannot set up against that creditor defenses that are personal to other co-debtors, but he may set up defenses that are personal to himself as well as those common to all the co-debtors.

Article 286

Novation of a debt between the creditor and one of the joint and several debtors releases other co-debtors unless the creditor has reserved his rights against them.

Article 287

A joint and several debtor cannot set up compensation with regard to that which a creditor owes to one of the other co-debtors, except in respect of the share of such co-debtor.

Article 288

Merger that occurs in the person of a creditor and of one of the joint and several debtors does not extinguish the debt as regards the other co-debtors except to the extent of the merged share of the co-debtor.

Article 289

A release of debt granted by the creditor to one of the joint and several debtors does not release the other co-debtors unless the creditor expressly declares such to be the case.

In the absence of such a declaration, the creditor may only claim from the other co-debtors the balance of the debt after deduction of the share of the co-debtor whom he has released, unless he has reserved his rights against them for the whole of the debt. In such a case, the joint and several debtors have a claim against the co-debtor who has been released for his share in the debt.

Article 290

If a creditor releases one of the joint and several debtors from the joint and several liability, his right to claim the whole of the debt from the other co-debtors remains unless otherwise agreed.

Article 291

In all cases of the release of one of the joint and several debtors either from the debt or from the joint and several liability, the other co-debtors may in accordance with Article 298 claim from the co-debtor who has been released his contribution in the share of those co-debtors who are insolvent.

If, however, the creditor has discharged the co-debtor to whom he has given a release from all liability in respect of the debt, the creditor will bear himself the contribution of such a co-debtor in the share of the insolvent co-debtors.

Article 292

If the debt is extinguished by prescription as regards one of the joint and several debtors the other co-debtors will only benefit from this prescription to the extent of the contribution of that co-debtor.

If the prescription is interrupted or suspended as regards one of the joint and several debtors, the creditor cannot claim interruption or suspension as regards the other co-debtors.

Article 293

In the performance of an obligation a joint and several debtor is only responsible for his own acts.

A formal demand to one of the joint and several debtors or proceedings taken against one of them by the creditor will have no effect against the other co-debtors, but if one of the joint and several debtors issues a formal demand against the creditor, this demand will benefit the other co-debtors.

Article 294

A transaction entered into between a creditor and one of the joint and several debtors will benefit the other co-debtors if it involves remission of the debt or the release of the liability in respect thereof in any other way. If such a transaction creates an obligation or increases the existing obligation, it will only be binding upon the other co-debtors if they consent thereto.

Article 295

An acknowledgement of debt by one of the joint and several debtors does not bind the other co-debtors.

If one of the joint and several debtors refuses to take an oath or if he tenders the oath to the creditor and the creditor takes the oath, the oath refused or tendered will not prejudice the other co-debtors.

If the creditor tenders the oath to one of the joint and several debtors and this co-debtor takes the oath, the oath will profit the other co-debtors.

Article 296

A judgment given against one of the joint and several debtors will have no effect against the other co-debtors.

If the judgment is given in favor of one of them, it will benefit the others, unless the judgment is based on a ground relating only to the co-debtor in favor of whom the judgment is rendered.

Article 297

If one of the joint and several debtor pays the debt in full, he will only have a claim against each of the other co-debtors for each of such co-debtors’ own share respectively, even if he exercises the right to action of the creditor by way of subrogation.

The amount paid is divisible between the co-debtors in equal parts in the absence of an agreement or a provision of the law to the contrary.

Article 298

If one of the joint and several debtors becomes insolvent, his share shall be borne by the co-debtor who has effected payment and by all the other solvent co-debtors pro rata.


Article 299

When the debt concerns one only of the joint and several debtors, he will be liable for the whole debt to the other co-debtors.

2. Indivisibility

Article 300

An obligation cannot be divided:

a) when it has for its object something which by its nature is not susceptible of division;

b) if it is the intention of the parties or it follows from the purpose pursued by the parties that the performance of the obligation should not be divided.

Article 301

When there are several debtors in respect of an indivisible obligation, each debtor is liable for the debt in full.

A debtor who has effected payment will have a remedy against each of the other co-debtors for his part, unless the contrary follows from the circumstances.

Article 302

When there are several creditors in respect of an indivisible obligation or several heirs of a creditor in respect of such an obligation each of the creditors or heirs may demand the performance in its entirety of the indivisible obligation. If one of the creditors or the heirs contests such a demand, the debtor shall effect payment to all the creditors together or deposit the object of the obligation in court.

Co-creditors will have remedies against a creditor who has received payment, each one for his share.