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      CC 1804     

  

Art. 1804.  Liability of solidary obligors between themselves

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.



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