When obligors are jointly and severally bound, the obligee may require performance from any one of them, until full performance has been received.
The main effect of joint and several obligations from the obligors’ point of view has already been stated in the definition given in Article 11.1.1, namely that each obligor is bound for the whole obligation.
Article 11.1.3 states the main effect for the obligee: it may require performance from each obligor, until full performance has been received.
1. Farmers A, B and C have bought a tractor together, for shared use in their respective fields. They are jointly and severally bound to pay the price of USD 45,000. Seller X may require payment of the whole sum from A, B or C. X’s claim is extinguished when it has received full performance, from one or more of its obligors.
2. The facts are the same as in Illustration 1. A pays only USD 30,000 (in spite of being bound for USD 45,000). X, while still retaining a claim against A for the unpaid part, may claim that amount of USD 15,000 from B or C. If X, at this stage, only receives USD 10,000 from B (though B was still bound for USD 15,000), X may still claim USD 5,000 from C, as well as from A and B.