Book2 Chapter06

GERMAN CIVIL CODE OF 1896

• Based on the English Translation by: Wang, Chung Hui (1907). The German Civil Code, translated and annotated with historical introduction and appendices. London: Stevens and Sons. [available on Archive.org]

BOOK II. Law of Obligations.

Chapter VI. Plurality of Debtors and Creditors.

Section 420.

• If several persons owe a divisible performance or if a divisible performance is owed to several persons, each debtor is, in case of doubt, liable only for an equal share, and each creditor is entitled only to an equal share.

Section 421.

• If several persons owe an act of performance in such manner that each is bound to effect the whole performance, though the creditor is entitled to demand the performance only once (i.e., joint debtors), the creditor may demand the performance at his option from any one of the debtors, in whole or in part. Until the whole performance has been effected all of the debtors remain bound.

Section 422.

• [I] Fulfilment of the obligation by one joint debtor operates in favour of the other debtors. The same rule applies to any act of performance in lieu of fulfilment of the obligation, to lodgment and to set-off.
• [II] A claim belonging to one of the joint debtors may not be set off by the other debtors.

Section 423.

• A release agreed upon between the creditor and one joint debtor avails also in favour of the other debtors, if the parties making the agreement intended to terminate the whole obligation.

Section 424.

• The default of the creditor towards one joint debtor avails also in favour of the other debtors.

Section 425.

• [I] Facts other than those specified in 422 to 424 avail, unless a contrary intention appears from the nature of the obligation, in favour of and as against only the joint debtor to whom they particularly refer.
• [II] This applies, e.g., to the giving of notice, default, imputability of fault, impossibility of performance on the part of one joint debtor, prescription or its interruption or suspension, merger of the claim in the debt, and non-appellable judgment.

Section 426.

• [I] As between themselves joint debtors are liable in equal shares, unless it is otherwise provided. If from one of the joint debtors the contribution due from him cannot be obtained, the deficiency shall be borne by the other debtors who are bound to make contribution.
• [II] If one joint debtor satisfies the creditor and can demand contribution from the other debtors, the claim of the creditor against the other debtors is transferred to him. The transfer may not be enforced to the detriment of the creditor.

Section 427.

• If in a contract several persons bind themselves in common to effect a divisible performance, they are liable, in case of doubt, as joint debtors.

Section 428.

• If several persons are entitled to demand an act of performance in such manner that each can demand the whole performance, though the debtor is bound to perform only once (i.e., joint creditors), the debtor may at his option perform in favour of any one of the creditors. This applies even if one of the creditors has already brought an action for the performance.

Section 429.

• [I] Default on the part of one joint creditor avails also against the other creditors.
• [II] If claim and debt become merged in one joint creditor, the rights of the other creditors against the debtor are extinguished.
• [III] For the rest the provisions of 422, 423, 425 apply mutatis mutandis. E.g., if one joint creditor transfers his claim to another person, the rights of the other creditors remain unaffected.

Section 430.

• Joint creditors are, as between themselves, entitled to equal shares, unless it is otherwise provided.

Section 431.

• If several persons owe an indivisible performance they are liable as joint debtors.

Section 432.

• [I] If an indivisible performance is owed to several persons, and if they are not joint creditors, the debtor may only perform in favour of all in common, and each creditor may only demand the performance in favour of all. Each creditor may demand that the debtor lodge the thing owed for the benefit of all the creditors, or if the thing is not suitable to be lodged, that it be consigned to a custodian appointed by the Court.
• [II] For the rest a fact which refers only to one creditor does not avail in favour of nor as against the other creditors.