Selected Cases by Article & Issues
Article 11.1.40 Cases
A joint and several obligor against whom a claim is made by the obligee may assert all the defences and rights of set-off that are personal to it or that are common to all the co-obligors, but may not assert defences or rights of set-off that are personal to one or several of the other co-obligors.
|1||Defences and rights of set off available to one joint and several obligor vis-à-vis obligee|
|1.1||Defences and rights of set off personal to Joint and several obligor or Common to all co-obligors Available|
|1.2||Defences and rights of set off personal to one or several of other co-obligors not available|