Cap. 16 Art. 1105Where creditor receives part- payments.

(1) The receipt of a portion of the debt in one or more payments, from one or more of the joint and several debtors, shall not imply any renunciation of the joint and several obligation, either in regard to the debtor or debtors who shall have paid such portion of the debt, or in regard to the others, even though the creditor, in receiving such portion, shall not have expressly reserved his joint and several action or his rights in general.

(2) The same rule shall apply with regard to any judicial demand made by the creditor against one or more of the co-debtors for a portion of the debt.

(3) Such renunciation shall not be presumed, even if the sum received or claimed is equal to the share of the debt to which the debtor who has paid, or against whom the demand for payment is made, would be liable as between himself and the other co-debtors.