Table of Contents

SECTION IV - OF OBLIGATIONS IN SOLIDO OR JOINTLY AND SEVERALLY

 

§ 1 - OF THE OBLIGATION IN SOLIDO BETWEEN CREDITORS

Art. 97. The obligation is in solido or joint and several, between several creditors; when the title expressly gives to each of them, the right of demanding payment of the total of what is due, and when the payment made to any one of them discharges the debtor, although the benefit of the obligation be to be shared and divided among the different creditors.

Art. 98. It is at the option of the debtor, to pay any one of the creditors in solido, as long as he has not been prevented by a suit instituted by one of them.
Yet if one of the creditors in solido remits the debt, the debtor is hereby exonerated only as to the part coming to that individual creditor.

Art. 99. Every act which interrupts prescription with regard to one of the creditors in solido, avails the other creditors.

 

§ 2 - OF THE OBLIGATION IN SOLIDO ON THE PART OF DEBTORS

Art. 100. There is an obligation in solido on the part of the debtors when they are all obliged to the same thing, so that each may be compelled for the whole, and when the payment made by one of them exonerates the other towards the creditor.

Art. 101. The obligation may be in solido though one of the debtors be obliged differently from the other, to the payment of one and the same thing: for instance, if the one be but conditionally bound, whilst the engagement of the other, is pure and simple, or if the one is allowed a term which is not granted to the other.

Art. 102. An obligation in solido is not presumed; it must be expressly stipulated.
This rule ceases to prevail only in cases where an obligation in solido takes place of right, by virtue of some provisions of the law.

Art. 103. The creditor of an obligation contracted in solido, may apply to any one of the debtors he pleases, without the debtor's having a right to plead the benefit of division.

Art. 104. A suit brought against one of the debtors, does not bar the creditor from bringing suits on the same account, against the others.

Art. 105. If the thing due has perished through the fault of one or more debtors in solido, or while he or they delayed to deliver it, the other co-debtors are not discharged from the obligation of paying the value of the thing; but the latter are not liable for damages.
The creditor can claim damages only from the debtors by whose fault the thing was lost, and from those who delayed to deliver it.

Art. 106. A suit brought against one of the debtors in solido, interrupts prescription with regard to all.

Art. 107. A demand of interest made of one of the debtors in solido makes interest run with respect to all.

Art. 108. A co-debtor in solido being sued by the creditor, may plead all the exceptions resulting from the nature of the obligation, and all such as are personal to himself, as well as such as are common to all the creditors.
He cannot plead such exceptions as are merely personal to some of the other co-debtors.

Art. 109. When one of the debtors becomes sole heir of the creditor, or when the creditor becomes sole heir of one of the debtors, the confusion extinguishes the debt in solido only for the part and portion of the debtor, or of the creditor.

Art. 110. The creditor who consents to the division of the debt, with regard to one of the co-debtors, still has an action in solido against the others, but under the deduction of the part of the debtor whom he has discharged from the debt in solido.

Art. 111. The creditor who receives separately the part of one of the debtors, without reserving in the receipt the debt in solido, or his rights in general, renounces the debt in solido only with regard to that debtor.
The creditor is not deemed to remit the debt in solido to the debtor, when he receives from him a sum equal to the portion due by him, unless the receipt specifies that it is for his part.
The same is to be observed of the mere demand made of one of the co-debtors, for his part, if the latter has not acquiesced in the demand, or if judgement has not been given against him.

Art. 112. The creditor who receives separately and without reservation, the portion of one of the co-debtors, in the arrearages and interest of the debt, loses his claim in solido only as to the arrearages and interest due, and not as to those that may in the future become due, nor as to the capital, unless the separate payment has been continued during ten successive years.

Art. 113. The obligation contracted in solido towards the creditor, is of right divided amongst the debtors, who amongst themselves, are liable each only for his part and portion.

Art. 114. If one of the co-debtors in solido pays the whole debt, he can claim from the others no more than the part and portion of each.
If one of them be insolvent, the loss occasioned by his insolvency, must be equally shared amongst all the other solvent co-debtors, and him who has made the payment.

Art. 115. In case the creditor has renounced his action in solido against one of the debtors, and one or more of the other co-debtors become insolvent, the portion of the insolvent, shall be made up by equal contribution, by all the debtors, and even those precedently discharged from the debt by the creditor in solido, shall contribute their part.

Art. 116. If the affair for which the debt has been contracted in solido, concerns only one of the co-obligees in solido, that one is liable for the whole debt towards the other co-debtors, who with regard to him, are considered only as his securities.




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