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Passive solidarity between co-debtors and partial settlement
- 25/08/2020
The Supreme Court, Section II, with Sentence no. 14711/2020, reconfirmed the principle in point of joint and several obligations according to which the transaction stipulated between the creditor and one of the co-debtors, which concerns only the partial debt of the latter, causes the dissolution of the passive solidarity and is effective towards the co-debtor who joins it and cannot involve other co-debtors, as art. 1304, paragraph 1, cod. civ., since it cannot be implemented in this case of "partial settlement".
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