Louisiana Civil Code

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SECTION 5 - OBLIGATIONS WITH MULTIPLE PERSONS

Art. 1786. When an obligation binds more than one obligor to one obligee, or binds one obligor to more than one obligee, or binds more than one obligor to more than one obligee, the obligation may be several, joint, or solidary. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1787. When each of different obligors owes a separate performance to one obligee, the obligation is several for the obligors.

When one obligor owes a separate performance to each of different obligees, the obligation is several for the obligees.

A several obligation produces the same effects as a separate obligation owed to each obligee by an obligor or by each obligor to an obligee. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1788. When different obligors owe together just one performance to one obligee, but neither is bound for the whole, the obligation is joint for the obligors.

When one obligor owes just one performance intended for the common benefit of different obligees, neither of whom is entitled to the whole performance, the obligation is joint for the obligees. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1789. When a joint obligation is divisible, each joint obligor is bound to perform, and each joint obligee is entitled to receive, only his portion.

When a joint obligation is indivisible, joint obligors or obligees are subject to the rules governing solidary obligors or solidary obligees. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1790. An obligation is solidary for the obligees when it gives each obligee the right to demand the whole performance from the common obligor. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1791. Before a solidary obligee brings action for performance, the obligor may extinguish the obligation by rendering performance to any of the solidary obligees. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1792. Remission of debt by one solidary obligee releases the obligor but only for the portion of that obligee. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1793. Any act that interrupts prescription for one of the solidary obligees benefits all the others. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1794. An obligation is solidary for the obligors when each obligor is liable for the whole performance. A performance rendered by one of the solidary obligors relieves the others of liability toward the obligee. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1795. An obligee, at his choice, may demand the whole performance from any of his solidary obligors. A solidary obligor may not request division of the debt.

Unless the obligation is extinguished, an obligee may institute action against any of his solidary obligors even after institution of action against another solidary obligor. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1796. Solidarity of obligation shall not be presumed. A solidary obligation arises from a clear expression of the parties' intent or from the law. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1797. An obligation may be solidary though it derives from a different source for each obligor. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1798. An obligation may be solidary though for one of the obligors it is subject to a condition or term. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1799. The interruption of prescription against one solidary obligor is effective against all solidary obligors and their heirs. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1800. A failure to perform a solidary obligation through the fault of one obligor renders all the obligors solidarily liable for the resulting damages. In that case, the obligors not at fault have their remedy against the obligor at fault. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1801. A solidary obligor may raise against the obligee defenses that arise from the nature of the obligation, or that are personal to him, or that are common to all the solidary obligors. He may not raise a defense that is personal to another solidary obligor. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1802. Renunciation of solidarity by the obligee in favor of one or more of his obligors must be express. An obligee who receives a partial performance from an obligor separately preserves the solidary obligation against all his obligors after deduction of that partial performance. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1803. Remission of debt by the obligee in favor of one obligor, or a transaction or compromise between the obligee and one obligor, benefits the other solidary obligors in the amount of the portion of that obligor.

Surrender to one solidary obligor of the instrument evidencing the obligation gives rise to a presumption that the remission of debt was intended for the benefit of all the solidary obligors. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1804. Among solidary obligors, each is liable for his virile portion. If the obligation arises from a contract or quasi-contract, virile portions are equal in the absence of agreement or judgment to the contrary. If the obligation arises from an offense or quasi-offense, a virile portion is proportionate to the fault of each obligor.

A solidary obligor who has rendered the whole performance, though subrogated to the right of the obligee, may claim from the other obligors no more than the virile portion of each.

If the circumstances giving rise to the solidary obligation concern only one of the obligors, that obligor is liable for the whole to the other obligors who are then considered only as his sureties. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1805. A party sued on an obligation that would be solidary if it exists may seek to enforce contribution against any solidary co-obligor by making him a third party defendant according to the rules of procedure, whether or not that third party has been initially sued, and whether the party seeking to enforce contribution admits or denies liability on the obligation alleged by plaintiff. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1806. A loss arising from the insolvency of a solidary obligor must be borne by the other solidary obligors in proportion to their portion.

Any obligor in whose favor solidarity has been renounced must nevertheless contribute to make up for the loss. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

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