Contractual Agreements Involving More Than One Debtor and/or Creditor

In our discussion so far it has been assumed, mainly for reasons of convenience, that a contractual agreement involved one creditor and one debtor.

On the other hand, if the performance was indivisible as illustrated where it consisted in the construction of a building or the creation of a servitude, each debtor was obliged to render full performance and each creditor was entitled to the whole of that which was due. In such cases there was only one obligation and the liability of the parties relating thereto was a liability to render full performance (in solidum).^[665] However, as soon as the whole performance had been accomplished by one of the debtors, or to one of the creditors, the obligation was deemed terminated and thereby the other debtors were discharged and the other creditors had no further claim. The debtor who had tendered full performance had a right of recourse against his fellow-debtors, and the creditor in favour of whom the perfor­mance was made had to share that which he had received with his fellow-creditors. It should be noted, however, that the precise nature of the right of recourse depended upon the legal relationship that existed between the contracting parties.^[666]

4.3.9