Explanation of Article 195
This article addresses the statement of the "effect of the death of a joint creditor," which is: that upon the death of a joint creditor, the debt is divided among his heirs, and the solidarity in the debt remains fully among his heirs.
The article stipulates that the death of a joint creditor does not prevent the division of the debt among his heirs. For example, if there is more than one creditor for a single debt, and they are jointly liable, and one of them dies, the debt is divided among his heirs, and the solidarity in the debt remains fully among his heirs.
It is worth noting that this provision applies to all types of obligations, whether they are contracts, acknowledgments, discharges, or otherwise.
This article is considered one of the most important articles related to the effect of the death of a joint creditor, as it clarifies the impact of the death of a joint creditor on the obligation.
Related To
Article 195
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The right of retention shall cease if the thing retained is destroyed, the person retaining the thing receives his right from the debtor, or the thing ceases to be in the possession of the person retaining it.
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The person retaining a thing may, if such thing ceases to be in his possession without his knowledge or despite his objection, petition the court to restitute said thing within 30 days from the date on which he becomes aware of the same and prior to the lapse of one year therefrom.