Lexipedia

Solidary debtors

Solidary debtors are multiple debtors each owing the full performance to the creditor, who may choose whom to pursue.

Solidary debtors are bound so that each may be required to perform the whole obligation, while the creditor can collect only once. In Swiss obligations law, solidarity among debtors arises only where agreed, legally provided or clearly intended by the circumstances. Acts affecting one debtor do not always affect the others, so limitation, acknowledgment, defenses and settlement must be analyzed separately. After payment, the performing debtor may have recourse against co-debtors according to their internal relationship, presumed shares or other applicable allocation principles.