Libro Quinto · Título II Capítulo IV. Obligaciones mancomunadas

There is a joint obligation when there are several creditors or several debtors in the same obligation.

Under simple joint obligation, each of the debtors is not bound to fully perform the obligation, nor does each of the creditors have the right to demand full performance thereof. In this case, the credit or the debt are considered divided into as many parts as there are creditors or debtors, and each part constitutes a separate debt or credit.

Acts of only one of the creditors, directed against only one of the debtors, do not benefit the other creditors nor prejudice the other debtors.

The default or fault of one of the debtors does not affect the others.

For the limitation period of an obligation to be interrupted with respect to all debtors, citation of all of them is required.

The joint obligation is joint and several when several debtors are obligated to the same thing, so that all or any of them may be compelled to full performance of the obligation, and payment made by one alone releases the others; and it is joint and several with respect to the creditors when any of them has the right to demand the totality of the credit, and payment made to one of them releases the debtor.

Solidarity is not presumed; it must be express by agreement of the parties or by provision of law.

Express solidarity may be agreed even though the creditors or debtors are not obligated in the same manner nor under the same time limits, nor under equal conditions.

Each one of the solidary creditors or debtors may do everything that is useful to the others, but not that which is prejudicial to them. The action brought against any of the solidary debtors prejudices all of them.

The debtor may make payment to any of the solidary creditors, but if he has been sued by any of them, he shall make payment to that one with notification to the other interested parties.

Each of the solidary debtors is liable for his own act toward his co-debtors in the performance of the obligation.

The creditor may proceed against any of the solidary debtors, or against all of them simultaneously.

The claim brought against one shall not be an obstacle to those subsequently brought against the others, so long as the obligation has not been fully satisfied.

The total payment by one of the solidary debtors extinguishes the obligation. The debtor who made the total payment may claim from their co-debtors the share corresponding to each of them in the obligation, with the respective interest and necessary expenses.

If one of the joint and several debtors proves to be insolvent, the share corresponding to him in the obligation shall be distributed pro rata among the solvent co-debtors and the one who made the payment.

The solidary debtor may assert against the creditor all defenses that are personal to that debtor, those arising from the nature of the obligation and those common to all co-debtors.

The solidary debtor who does not raise the limitation period, or the defenses common to all co-debtors, loses the right of recourse against the others.

Any act that interrupts the limitation period in favor of one of the creditors or against one of the solidary debtors benefits or prejudices the remaining ones, provided that the time required by law must have run in the same manner for all of them. The creditor may only demand from the debtors whose obligations have not been barred by the limitation period the value thereof, deducting the share corresponding to the others.

If the creditor of one of the solidary debtors demands from him only the part corresponding to him, the limitation period shall not be deemed interrupted with respect to the others.

The condemnatory judgment obtained by one of the joint and several creditors against the common debtor benefits the others. The absolutory judgment of the debtor benefits the latter against all the joint and several creditors, unless it was based on a personal ground of the claimant creditor.

Novation made by the creditor with one of the solidary debtors releases all the co-debtors. However, if the creditor has demanded the adherence of the co-debtors and they have refused it, the original credit subsists.

The novation or settlement made between one of the solidary creditors and the common debtor affects only the share of the creditor who entered into it.

Partial payment accepted by the creditor and the reduction or remission made to one of the solidary debtors does not alter the creditor's rights with respect to the remainder of the debt, nor those of the debtors as among themselves.

If one of the joint and several creditors releases only one of the joint and several debtors, that fact does not alter the rights of the other creditors nor the obligations of the other debtors for the remainder of the obligation.

Confusion releases the other co-debtors for the share of the one in whose person the qualities of creditor and debtor have been united.

The solidary debtor may not assert compensation against the creditor for what the latter owes to another of the solidary co-debtors.

If the creditor has waived solidarity with respect to one of the co-debtors and another of them becomes insolvent, the insolvent's portion of the debt shall be distributed proportionally among all the debtors, including the one who had been released from solidarity. However, if it is proved that the creditor intended to release from all obligation the debtor with respect to whom he waived solidarity, the proportional share of the latter shall be borne by the creditor.

If the thing owed perishes through the fault of any of the joint and several debtors, all shall be jointly and severally liable for the price and for the damage and losses. The joint and several debtors not at fault shall have the right to have the at-fault debtor reimburse the part of the price corresponding to him and the entirety of the damage and losses paid to the creditor.

Each of the successors of a solidary debtor shall be obligated to pay the share corresponding to them in proportion to their hereditary share, unless the obligation is indivisible; but all the successors shall be considered together as a single solidary debtor in relation to the other debtors.