Civil Code · English · 2015
Article 1472
Defenses of Co-Debtor
A co-debtor who, pursuant to the preceding article, has been called upon to contribute to a debt can invoke, against the solidary debtor demanding such contribution, the defenses which he had against the creditor at the time when the obligation to contribute arose.
#Nevertheless, he cannot invoke such a defense against his solidary co-debtor where it has arisen after the creation of their obligation from a juridical act which the creditor has performed with or in respect of the person called upon to contribute.
#The person who has been called upon to contribute cannot invoke the prescription of the right of action of the creditor, unless both he and the person who is asking for the contribution could have invoked the completion of the prescription against the creditor at the time when the obligation to contribute arose.
#The current provision applies unless different rules result from the nature of the contract between the parties.
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