1624. Where an obligation with a penal clause is indivisible without being solidary and its nonperformance is due to the act or omission of only one of the co-debtors, the penalty may be exacted in full against him or against each of the co-debtors for his share, but, in the latter case, without prejudice to their remedy against the co-debtor who caused the penalty to be incurred.
1991, c. 64, a. 1624; 2002, c. 19, s. 15.