Page:The Civil code of Japan (IA cu31924069576704).pdf/136

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debtors of the demand of the creditor, and any othe debtor had a defence which he could have made against the creditor, he may make it against the former debtor as to his share; but if he does so by way of set off, the debtor in fault may demand against the creditor the performance of the obligation which might have been extinguished by set off.

If one joint debtor omits to inform the other debtors that he has performed or otherwise at his own expense has obtained the discharge of all the joint debtors, and in consequence thereof another joint debtor in good faith performs or otherwise for a consideration obtains a discharge from the obligation, such latter debtor may consider his performance or other act of discharge as valid.

444.

If one of the joint debtors has not the means to make contribution, the amount which he is unable to contribute is to be apportioned among the person entitled to contribution and the other joint debtors who are solvent according to their respective shares; but if the party entitled to contribution is in fault, he cannot claim contribution against the other joint debtors.

445.

If one of the joint debtors has been released from the obligation, and one of the remaining debtors has not the means to perform, the creditor takes upon himself that share which the debtor released by him ought to have borne in respect to the share which the debtor without means could not perform.

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