Civil law II 366-383

Several debtors may be liable in such manner:

• that the creditor may claim the whole performance or a part thereof from all debtors jointly, from several of them or all of them severally, and the satisfaction of the creditor by any of the debtors frees the remaining ones

• that the creditor may claim the whole performance or a part thereof from all debtors jointly, from several of them or all of them severally, and the satisfaction of the creditor by any of the debtors does not free the remaining ones

• that the creditor have to claim the whole performance or a part thereof from all debtors jointly

If each debtor is liable in a different manner or even if the joint debtor is liable in a different manner with respect to each creditor, an obligation may be:

• only joint

• joint and several

• only several

The novation between the creditor and one of the joint and several debtors:

• always releases the co-debtors

• never releases the co-debtors

• releases the co-debtors unless the creditor has stipulated that he preserves his rights against them

A joint and several debtor may protect himself by raising defence:

• to which he is personally entitled with respect to the creditor, and also those defences which in view of the origin or the contents of the obligation are common to all co-debtors

• to which he is personally entitled with respect to the creditor only

• to which in view of the origin or the contents of the obligation are common to all co-debtors only

A judgement in favour of one of joint and several debtors:

• shall release the co-debtors if it takes into consideration defences common to all of them

• always shall release the co-debtors

• never shall release the co-debtors

If there are several debtors or several creditors and the performance is divisible:

• both the debt and the creditors’ receivable debt shall be divided into as many mutually independent parts as many debtors or creditors there are

• in case when it cannot be made in parts without an essential change of its object or value

• such a situation is impossible

If there are several creditors entitled to an indivisible performance:

• at least all of them may demand the full performance

• each of them may demand the full performance

• at least majority of them may demand the full performance

If there are several creditors entitled to an indivisible performance, each of them may demand the full performance. However, in the case of an objection by even one of the creditors, the debtor shall be obliged to perform to all the creditors jointly or:

• to destroy the object of the performance

• to deposit the object of the performance with the court

• to divide the object of the performance

The delay of the debtor and also the interruption or suspension of the period of limitation running against one of the creditors entitled to an indivisible performance:

• shall be effective with respect to the remaining creditors

• shall not be effective with respect to the remaining creditors

• it has no effect at all

If one of the creditors entitled to an indivisible performance has accepted that performance:

• he shall be liable with respect to the remaining creditors on the same principles as a joint and several creditor

• he cannot be liable with respect to the remaining creditors

• he shall be liable with respect to the remaining debtors on the same principles as a joint and several debtor