Joint and several liability

Joint and several liability strengthens the creditor’s position by making each liable person answerable for the entire obligation. In Swiss law it may arise by agreement, statute or the nature of a common undertaking, and is common in tort, guarantees, partnerships and multi-party contracts. Payment by one debtor releases the others toward the creditor to that extent, but internal allocation and recourse remain. The precise shares depend on agreement, fault, benefit or applicable default rules. It should be distinguished from merely proportional or subsidiary liability.