This document discusses articles related to solidarity and solidary debtors and creditors under civil law. It defines that solidarity can exist even if creditors and debtors are not bound in the same way, and that each solidary creditor can act to benefit others but not harm them. It also outlines that a solidary creditor cannot assign rights without others' consent, debtors can pay any creditor, and actions like novation or payment by one debtor can extinguish the obligation for all.
This document discusses articles related to solidarity and solidary debtors and creditors under civil law. It defines that solidarity can exist even if creditors and debtors are not bound in the same way, and that each solidary creditor can act to benefit others but not harm them. It also outlines that a solidary creditor cannot assign rights without others' consent, debtors can pay any creditor, and actions like novation or payment by one debtor can extinguish the obligation for all.
This document discusses articles related to solidarity and solidary debtors and creditors under civil law. It defines that solidarity can exist even if creditors and debtors are not bound in the same way, and that each solidary creditor can act to benefit others but not harm them. It also outlines that a solidary creditor cannot assign rights without others' consent, debtors can pay any creditor, and actions like novation or payment by one debtor can extinguish the obligation for all.
This document discusses articles related to solidarity and solidary debtors and creditors under civil law. It defines that solidarity can exist even if creditors and debtors are not bound in the same way, and that each solidary creditor can act to benefit others but not harm them. It also outlines that a solidary creditor cannot assign rights without others' consent, debtors can pay any creditor, and actions like novation or payment by one debtor can extinguish the obligation for all.
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Article 1211
Solidarity may exist although the creditors
and the debtors may not be bound in the same manner and by the same periods and conditions. Article 1212 Each one of the solidary creditor may do whatever may be useful to the others, but not anything which may be prejudicial to the latter. Article 1213 A solidary creditor cannot assign his rights without the consent of the others. Article 1214 • The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him. Article 1215 Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of article.
The creditor who may have executed any of
these acts, as well as he who collects the debt, shall be liable to the others for the share in the obligation corresponding to them. Article 1216 The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously.The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected. Article 1217 Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept. He who made the payment may claim from his co-debtors only the share which corresponds to each, with the interest for the payment already made. If the payment is made before the debt is due, no interest for the intervening period may be demanded. When one of the solidary debtors cannot , because of his insolvency, reimburse his share to the debtor paying the obligation, such share shall be borne by all his co-debtors , in proportion to the debt of each. Article 1218 Payment by a solidary debtor shall not entitle him to reimbursement from his co- debtors if such payment is made after the obligatio has prescribed or become illegal. Article 1219 The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the debtors, in case the debt had been totally paid by anyone of them before the remission was effected. Article 1220 The remission of the whole obligation obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors.