Selected Cases by Article & Issues
(1) A joint and several obligor to whom Article 11.1.10 applies may also exercise the rights of the obligee, including all rights securing their performance, to recover the excess from all or any of the other obligors to the extent of each obligor’s unperformed share.
(2) An obligee who has not received full performance retains its rights against the co-obligors to the extent of the unperformed part, with precedence over co-obligors exercising contributory claims.
|One joint and several obligor paying more than its share
|May exercise all rights of obligee, including rights securing their performance, to recover the excess from other obligors
|Rights of obligee who has not received full payment retained and preferred to extent of unperformed part