Relación con las propiedades de wetting

The creditor may require joint debtors collectively or individually to discharge the debt subject to the quality attached to each debtor’s bond that modifies the effect of the debt. If the creditor requires a joint debtor to discharge the debt immediately, he may claim the same from the other debtors.

The debtor required by the creditor to discharge the debt may not invoke the other debtors’ pleas, but he may invoke his own pleas as well as the pleas shared by all debtors.

Article 308

The settlement by a joint debtor of the debt in kind or for consideration shall result in discharging him and the other debtors.

Article 309

Renewing the debt between the creditor and one of the joint debtors shall result in discharging the other debtors unless the creditor reserves his right of recourse against them.

Article 310

No joint debtor may not plead any offset taking place between the creditor and another joint debtor except to the extent of the share of the other debtor.

Article 311

If the creditor discharges a joint debtor, other debtors shall not be discharged unless the creditor so confirms.

If no such confirmation is made, the creditor may claim from the other joint debtors the debt balance after deducting the discharged debtor’s share. However, the creditor may claim all the debt from the debtors if he reserves such right, in which case such debtors shall have the right of recourse against the debtor in whose favor the discharge decision is made to the extent of his share in the debt.

Article 312

If the creditor discharges one of the joint debtors for the joint obligation, he shall reserve the right to claim the whole debt from the remaining debtors unless otherwise agreed.

Article 313

In all cases where the creditor discharges a joint debtor whether from the debt or the joint obligation, the remaining debtors shall have the right of recourse against that debtor, if necessary, to the extent of his share in the portion of the insolvent debtor among them according to article 319.

However, if the creditor relieves the debtor he has discharged from his liability for the debt, the creditor shall himself sustain the share of such debtor in the portion of the insolvent debtor.

Article 314

If the debt abates by limitation in respect of a joint debtor, the remaining debtors shall benefit only to the extent of such debtor’s share.

If the period of limitation discontinues or its validity is terminated in relation to one of the joint debtors, the creditor may not invoke the same vis-à-vis the remaining debtors.

Article 315

The joint debtor shall be responsible only for his own act in respect of the performance of the obligation.

If the creditor forewarns or sues one of the joint debtors, such procedure shall have no effect in relation to the remaining debtors.

However, if one of the joint debtors forewarns the creditor, the remaining creditors shall benefit by such warning.

Article 316

If the debtor compounds with one of the joint creditors, and the composition comprises clearance from the debt, or discharge from the debt by any other method, the remaining debtors shall benefit thereby.

If such composition is likely to generate an obligation on them or increase their obligations, it shall not be valid against them unless it is acceptable to them.

Article 317

If one of the joint debtors acknowledges the debt, such acknowledgment shall not be valid vis-à-vis the other debtors.

If one of the joint debtors abstains from the oath, or directs to the creditor an oath he took, the other debtors shall not be prejudiced.

If the debtor’s act is confined to directing the oath to one of the joint debtors and this debtor takes the oath, the other debtors shall benefit thereby.

Article 318

If a court ruling is passed against one of the joint debtors, such ruling shall not be pleaded against the other debtors.

If a court ruling is passed in favor of one of them, the remaining debtors shall benefit from it unless the ruling is based on a special

cause concerning only the debtor who has received such ruling in his favor.

Article 319

If one of the joint debtors settles the whole debt or more than his share therein or performs it by an equivalent method of settlement, he may not have recourse against any of the other debtors except to the extent of his share in the debt even though his recourse is based on the right of substitution.

If the debt is settled by one of the debtors, it shall be divided into equal shares among them all unless otherwise agreed or prescribed by a legal provision.

If a joint debtor becomes insolvent, the consequences of such insolvency shall be sustained by the debtor who has discharged the debt and all the other debtors proportionately to their respective shares without prejudice to the right of recourse against the insolvent debtor if he becomes solvent.

Article 320

If one of the joint debtors has an exclusive interest in the debt, he shall sustain the whole debt in his relation with the other debtors.

2. Indivisibility Article 321 The obligation shall be indivisible:

If it covers an object that is indivisible by nature.

If it transpires from the objective of the two contracting parties that the obligation may not be executed if divided or if such was the intention of the contracting parties.

Article 322

In case of multiple debtors in an indivisible obligation, each one of them shall be liable for performing the obligation in full. The debtor who discharges the debt shall have the right of recourse against the

others to the extent of their respective shares unless otherwise revealed by conditions.

Article 323

In case of multiple creditors or multiple successors in an indivisible obligation, each creditor or successor may ask for settling the obligation in full. If a creditor or a successor objects, the debtor shall be liable for discharging the obligation to the creditors combined, or depositing the object of the obligation as legally required.

Creditors shall have the right of recourse against the creditor who receives settlement of the obligation, to the extent of their respective shares.

Part 4 – Transfer of Obligations