Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

OBLIGATIONS 357
164 A debtor who is sued may plead only those exceptions
which are personal to himself and those which are common to
all solidary debtors.
165 When, through the act of the creditor, one of the
solidary debtors is deprived of a security or of a right which he
could have set up by subrogation, he is discharged up to the
amount of that security or right.
166 A debtor who is sued may call the other solidary debtors
in warranty.
167 A creditor who renounces solidarity with regard to one
of the codebtors retains his solidary recourse against the
others for the entire debt.
168 If a creditor receives separately the share of one of the
solidary debtors, and specifies in the discharge that it applies
to that share, the creditor renounces solidarity with regard to
that debtor, but retains it with regard to the others.
169 A creditor who sues a solidary codebtor for his share
loses his solidary recourse against that codebtor if he agrees to
the demand or is condemned by judgment.
170 If a creditor receives separately the share of one of the
codebtors in the arrears or interest of the debt, and specifies in
the discharge that it applies to his share, the creditor loses his
solidary recourse against that debtor for the arrears or interest
accrued.
171 The obligation is divided of right among the heirs of the
solidary debtor.
172 A solidary debtor who has executed his obligation may
only recover from his codebtors their respective shares, even if
he is subrogated in the rights of the creditor.