2 - Effects of Solidarity in Relations Among the Debtors

Article 37

Article 37 - When there is solidarity among debtors, each co-debtor may release all others: 1 - By paying the entire debt; 2 - By opposing, for this totality, a compensation of an existing claim against the creditor in his favor; 3 - By obligating himself alone to replace all co-debtors; 4 - By swearing, if necessary, that nothing is owed; 5 - By obtaining from the creditor the remission of the entire debt.

Article 38

Each of the solidary debtors is only responsible for their own act in the performance of the obligation, and a demand made against one of them has no effect on the others.

Article 39

Article 39 - Solidary liability is divided by right among debtors who are only liable for their respective shares. The shares to which co-debtors are entitled, as provided in the preceding paragraph, are equal, unless: 1 - The act explicitly states otherwise. 2 - The interests of the co-debtors are unequal. If one of the co-debtors has sole interest in the debt, the others must be considered as sureties in their dealings with him.

Article 40

Article 40 - The solidary obligor who has paid the entire debt may bring an action against the other solidary obligors for what exceeds their share. He may, to that effect, bring either a personal action or the action that belonged to the creditor, with any guarantees attached thereto as the case may be. However, regardless of the action he brings, he cannot require each of his co-obligors to pay the part they must definitively bear.

Article 41

Article 41 - When there are among the solidary co-debtors one or several insolvents or absentees, the share of these latter in the debt is borne by the solvent and present co-debtors in proportion to the share of the debt that each of them must bear; all this, unless a contrary stipulation exists.