ABSTRACT

When several people have caused the same harm,451 they are liable ‘in solidum’ to the victim,452 ie the plaintiff can claim against one of the defendants for the whole loss. That defendant can however proceed against the others for the payment of their share, by means of an action récursoire.453 The question of how much compensation can be recovered by such an action - or whether any can be recovered at all - depends on the basis on which the defendants were liable. For instance, a defendant who was at fault will not be able to recover from one who was only liable as the guardian of a thing under Article 1384.