1 - Effects of Solidarity in Relations Between the Creditor and the Debtors

Article 25

Article 25 - When there is solidary obligation among debtors, all co-debtors must do the same thing, but under distinct links that are independent of one another, particularly with regard to: 1 - Their validity; 2 - Their enforceability; 3 - Their discharge.

Article 26

Each of the solidary debtors may oppose personal defenses and those common to all co-debtors.

Article 27

Article 27 - The personal defenses of each debtor are those that can be opposed by one or more debtors only, such as: 1 - Special grounds for annulability (violence, fraud, mistake, incapacity) applicable to one or some of them. 2 - Terms or conditions that do not affect the commitment of all. 3 - Grounds for extinction that have not occurred in respect of all.

Article 28

Article 28 - The common defenses are those that can be raised by all solidary debtors, including: 1 - Grounds for nullity (illicit object, lack of required formalities, etc.) affecting the commitment of all; 2 - Common modalities (term or condition) applicable to the commitment of all; 3 - Causes of extinction that have extinguished the debt as regards all.

Article 29

Article 29 - Payment, payment in kind, deposit of the thing owed, and compensation made between one of the debtors and the creditor release all other co-obligors.

Article 30

Article 30 - The domicile of the creditor as regards one of the co-obligors has the same effects for the benefit of the others.

Article 31

Article 31 - The novation between the creditor and one of the co-obligors releases the others, unless they have agreed to be bound by the new obligation. However, when the creditor has stipulated that the other co-debtors shall give their consent and those co-debtors refuse to do so, the prior obligation is not extinguished.

Article 32

Article 32 - The release of the debt made to one of the solidary debtors benefits all the others, unless the creditor has explicitly declared that they do not wish to release it except for the debtor and their share; in this case, it only benefits the other co-debtors to the extent of the contributory part owed by the released debtor.

Article 33

Article 33 - The creditor who consents to the division of the debt in favor of one of the debtors retains his action against the others for the entire debt, unless there is a contrary provision.

Article 34

Article 34 - A transaction made between the creditor and one of the co-obligors benefits the others when it includes the remission of the debt or another mode of release. It cannot bind or worsen their condition if they do not consent to it.

Article 35

Article 35: The confusion that occurs in the person of the creditor and one of the co-debtors extinguishes the obligation only as regards the share of that debtor.

Article 36

Article 36 - A judgment rendered against one of the solidary debtors has no res judicata effect against the other co-debtors. A judgment in favor of one of the debtors benefits the others, unless it is based on a personal cause affecting the debtor who obtained it. The grounds for suspension of prescription may remain personal and specific to one of the debtors. However, an interruption of prescription as regards one solidary debtor interrupts prescription as regards the others.