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All Jurisprudence based

0 tracked cards Criminal Law

A solidary debtor voluntarily pays only after the civil obligation has legally prescribed. Prescription and absence of any distinct reimbursement agreement are established. He claims ordinary reimbursement from co-debtors under solidarity alone. Which is sound?

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The creditor’s receipt automatically erases the statutory limitation. Prescription necessarily proves all co-debtors agreed to a new promise. Payment after prescription always creates automatic contribution rights. Article 1218 denies that reimbursement on the stated facts.

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