1031. A joint and several interests among creditors gives to each of them singly the right of exacting the fulfilment of the whole obligation and of discharging the debtor.
1032. The debtor has the option of paying to either of the joint and several creditors, so long as he is not prevented by a suit instituted by one of them.
Nevertheless, if one of the creditors grant a release from the obligation, without its actual fulfilment, the debtor is discharged for the part only of such creditor. The same rule applies to all cases in which the debt is extinguished otherwise than by actual payment. But this rule is subject to those concerning commercial partnerships.
1033. The rules concerning the interruption of prescription in relation to joint and several creditors are contained in the Book respecting Prescription.
1034. There is a joint and several obligation on the part of the co-debtors when they are all bound, so that each of them singly may be compelled to the fulfilment of the whole obligation, and that the fulfilment of one discharges the others.
1035. An obligation may be joint and several although one of the co-debtors is bound differently from the others; for example, if one be bound conditionally while the obligation of the other is unconditional, or if one be allowed a term which is not granted to the other.
1036. An obligation on the part of two or more debtors is presumed to be joint and several, unless declared to be otherwise.
1037. The obligation arising from the common delict or quasi-delict of two or more persons is joint and several.
1038. The creditor of a joint and several obligation may apply for payment to any one of the debtors and such debtor cannot claim division of liability.
1039. Legal proceedings taken against one of the co-debtors do not prevent the creditor from taking similar proceedings against the others.
1040. If the thing due have perished or can no longer be delivered, through the fault of one or more of the joint and several debtors, or after he or they have become in default, the other co-debtors are bound to pay the price of the thing, but are not liable for damages.
The creditor can recover damages only from the co-debtors through whose fault the thing has perished or can no longer be delivered, and those in default.
1041. The rules concerning the interruption of prescription in relation to joint and several debtors are contained in the Book respecting Prescription.
1042. A demand of interest made against one of the co-debtors causes interest to run against all.
1043. A joint and several debtor sued by the creditor may plead all the exceptions which are personal to himself as well as are common to all the co-debtors.
He or she cannot plead such exceptions as are purely personal to one or more of the others.
1044. When one of the co-debtors becomes heir or legal representative of the creditor, or when the creditor becomes heir or legal representative of one of the co-debtors, the confusion extinguishes the joint and several debt only for the part and portion of such co-debtor.
1045. The creditor who consents to the division of the debt with regard to one of the co-debtors, preserves his or her joint and several right against the others for the whole debt.
1046. A creditor who receives separately the share of one of his co-debtors, so specified in the receipt and without reserve of his or her rights, renounces the joint and several obligation with regard only to such co-debtor.
The creditor is not deemed to discharge the debtor from his or her joint and several obligation when he or she receives from him or her a sum equal to the share for which he or she is bound, unless the receipt specifies that it is for his or her share.
The rule is the same with regard to a demand made against one of the co-debtors for his share, if the latter have not acquiesced in the demand, or if a judgment of condemnation have not intervened.
1047. The creditor who receives separately and without reserve the share of one of the co-debtors in the arrears or interest of the debt, loses his joint and several right only for the arrears and interests accrued and not for those which may in future accrue, nor for the capital, unless the separate payment has been continued during 10 consecutive years.
1048. The obligation contracted jointly and severally toward the creditor is divided of right among the co-debtors, who as between themselves are bound each for his or her own share only.
1049. The co-debtor of a joint and several debt who has paid it in full, can only recover from the others the share and portion of each, even though he or she is specially subrogated in the rights of the creditor.
If one of the co-debtors be found insolvent, the loss occasioned by his insolvency is apportioned among all the others, including him or her who has made the payment.
1050. If the creditor have renounced his joint and several action against one of the debtors, and one or more of the remaining co-debtors become insolvent, the shares of the insolvents are made up by contribution from all the other co-debtors, except the one discharged, whose part is borne by the creditor.
1051. If a debt has been jointly and severally incurred for the benefit of only one of the co-debtors, he or she is liable for the whole toward his or her co-debtors, who, in relation to him or her, are considered only as his or her sureties.