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

358 OBLIGATIONS
173 Each of the solidary debtors must contribute in proportion
to his interest in the debt or, with respect to damages,
according to his share of the responsibility.
Where it is impossible to establish the share of each
debtor, the contribution is made in equal shares.
174 If a solidary obligation has been contracted in the
exclusive interest of one of the debtors, he is responsible for
the entire debt as regards the other codebtors.
The same applies if a solidary obligation to pay damages
results from the responsibility of only one of the
codebtors.
175 A solidary debtor sued for reimbursement by the debtor
who has executed the obligation may raise any common
exceptions not set up by that debtor against the creditor.
176 The loss occasioned by the insolvency of one of the
solidary debtors is divided equally among all the other
codebtors, unless they have unequal interests in the debt.
However, the creditor who has renounced solidarity
with regard to one of the codebtors bears that codebtor's
contributory share.
Section II
Solidarity among creditors
177 Solidarity among creditors exists only if express provision
is made for it.
178 Each of the solidary creditors may require of the debtor
full payment of the debt.
179 Payment made to one of the solidary creditors discharges
the debtor with regard to all of them.