When the opposite occurs making joint debtors?
When the opposite occurs making joint debtors?
When the opposite occurs making joint debtors?
Composition of the court holds that the joint debtor can not claim amounts from co-debtors of art. 127 of the CPA without having previously paid the creditor of such joint and several liability, which exceeds his duty part. Decision № 196 of 08.21.2015, on the city. E. № 6068/2014, the states that authorization derives from the rule of Art. 127, para. 2 of the CPA, which explicitly requires that, to take back to the co-debtors, joint debtor should be fulfilled more than their share. Therefore, it can not be successful claim by a joint debtor against another one without first having fulfilled as the creditor has paid such a part of the obligation that goes beyond his duty part.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg