Chapter First: Indivisible Obligations

Article 70

Article 70 - The obligation is indivisible: 1 - Due to the nature of the performance that it involves, when such performance consists of a thing or an act that is not susceptible to division either physically or intellectually. 2 - Pursuant to the title that constitutes the obligation or the law, when it follows from this title or the law that its execution cannot be partial.

Article 71

Art. 71 - When there are several debtors of an indivisible obligation, each of them may be compelled to pay the full amount, except for their recourse against their co-debtors. The same applies to the heirs of the person who contracted such an obligation: unlike a solidary debt, an indivisible debt is incompatible with hereditary fragmentation. The recourse against co-debtors is exercised either by means of a personal action or with the aid of the action that belonged to the creditors, along with the securities that may be attached thereto.

Article 72

Article 72 - Where there are multiple creditors of an indivisible obligation without solidarity between them, the debtor may only pay all the creditors jointly, and each creditor may only demand performance from all of them, and if authorized by them, However, each creditor may require, on behalf of the common account, the deposit of the thing owed, or its delivery to a receiver designated by the court when it is not susceptible to deposit.

Article 73

Article 73 - A debtor of an indivisible debt, assigned for the entire obligation, may request a delay to bring other co-debtors into the matter, in order to prevent a total condemnation of the debt from being rendered against him alone. However, when the debt is of a nature that can only be settled by the assigned debtor, he may be condemned alone, unless he seeks recourse against his co-heirs or co-obligors for their part and share.

Article 74

Article 74 - The interruption of the statute of limitations brought about by one creditor of an indivisible obligation benefits all other creditors; the interruption brought about against one debtor has its effects against all others. The grounds for suspending the statute of limitations also operate as to all.

Article 75

Article 75 - All obligations other than those referred to in numbers 1 and 2 of Article 70 are divisible.

Article 76

An obligation susceptible to division must be performed between creditor and debtor as if it were indivisible. Divisibility is only taken into account when there are several creditors who can each claim only their share of the divisible debt, or several co-obligors who are bound only for a portion of the debt. The same rule applies to heirs: they cannot demand and are obliged to pay only their share of the hereditary debt.

Article 77

Art. 77 - The divisibility among co-debtors of a divisible debt does not apply: 1 - When the obligation has as its object the delivery of a thing determined in its individuality, which is in the hands of one of the debtors; 2 - When one of the debtors is solely responsible, by the constitutive title or by a subsequent title, for the execution of the obligation. In both cases, the debtor who possesses the thing or who is responsible for the execution may be sued for the whole, subject to their recourse, if any, against their co-debtors.

Article 78

Article 78 - In cases enumerated in the preceding article, the interruption of prescription operated against a debtor who can be pursued for the entirety of the debt produces its effects against co-obligors.