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第五百二十条 部分连带债务人履行、抵销债务或者提存标的物的,其他债务人对债权人的债务在相应范围内消灭;该债务人可以依据前条规定向其他债务人追偿。
Article 520
Where one of the debtors subjected to joint and several liabilities has
performed his obligation, offset his obligation, or placed the subject matter of
the obligation in escrow, the obligation of the other debtors owed to the
creditor is extinguished to the corresponding extent, and such a debtor has the
right to contribution against the other debtors in accordance with the
provisions of the preceding Article.
部分连带债务人的债务被债权人免除的,在该连带债务人应当承担的份额范围内,其他债务人对债权人的债务消灭。
Where the obligation of one of the debtors subjected to joint and several
liabilities is exempted by the creditor, the obligation of the other debtors
subjected to joint and several liabilities owed to the creditor is extinguished
to the extent of the share of liability that such a debtor assumes.
部分连带债务人的债务与债权人的债权同归于一人的,在扣除该债务人应当承担的份额后,债权人对其他债务人的债权继续存在。
Where the obligation of one of the debtors subjected to joint and several
liabilities has merged with the claim of the creditor so that the obligation and
the claim are held by the same person, after deducting such share of obligation,
the creditor’s claim against the other debtors subjected to joint and several
liabilities continues to exist.
债权人对部分连带债务人的给付受领迟延的,对其他连带债务人发生效力。
Where a creditor delays in accepting the performance of one of the debtors
subjected to joint and several liabilities, such delay takes effect on the other
debtors subject to joint and several liabilities.
第五百二十一条 连带债权人之间的份额难以确定的,视为份额相同。
Article 521
Where it is difficult to determine the share among the creditors with joint and
several claims, each creditor is deemed to have an equal share of the claims.
实际受领债权的连带债权人,应当按比例向其他连带债权人返还。
A creditor who has accepted the performance of obligation shall reimburse the
other creditors with joint and several claims with him on a pro rata basis.
连带债权参照适用本章连带债务的有关规定。
The relevant provisions on joint and several obligations in this Chapter are
applicable to a joint and several claim mutatis mutandis.
第五百二十二条 当事人约定由债务人向第三人履行债务,债务人未向第三人履行债务或者履行债务不符合约定的,应当向债权人承担违约责任。
Article 522
Where the parties agree that the debtor shall perform the obligation to a third
person, if the debtor fails to perform the obligation to the third person or the
performance does not conform to the agreement, the debtor shall bear default
liability to the creditor.
法律规定或者当事人约定第三人可以直接请求债务人向其履行债务,第三人未在合理期限内明确拒绝,债务人未向第三人履行债务或者履行债务不符合约定的,第三人可以请求债务人承担违约责任;债务人对债权人的抗辩,可以向第三人主张。
Where it is provided by law or agreed by the parties that a third person may
directly request the debtor to perform the obligation to him, and the third
person does not explicitly reject it within a reasonable period of time, if the
debtor fails to perform the obligation to the third person or the performance
does not conform to the agreement, the third person may request the debtor to
bear default liability. The defenses that the debtor has against the creditor
may be asserted against the third person.
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(请在使用前对文本的时效性进行确认,内容以全国人大、国务院等公报为准)