Selected Cases by Article & Issues
Article 11.1.120 Cases
A joint and several obligor against whom a claim is made by the co-obligor who has performed the obligation:
(a) may raise any common defences and rights of set-off that were available to be asserted by the co-obligor against the obligee;
(b) may assert defences which are personal to itself;
(c) may not assert defences and rights of set-off which are personal to one or several of the other co-obligors.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Defences and rights of set-off available to joint and several obligor vis-à-vis co-obligor who has performed the obligation | |
| 1.1 | Defences and rights of set-off that were available to co-obligor vis-à-vis obligee available | |
| 1.2 | Defences and rights of set-off personal to obligor available | |
| 1.3 | Defences and rights of set-off personal to other co-obligors not available |