Section 2. On the Order of Restitution

500. Among cooperators who concur in the whole damage, that an order must be established in making restitution comes from this, that in the damaging action not all always cooperate in the same degree, but some have in it a more principal part, others a less principal part. Wherefore these things must be established:

1. If all cooperated in the same degree for inflicting the whole damage, there is no order among them, but each must equally first and immediately restore his part.

When several who concur in inflicting damage influence only part of the damage and therefore must restore only pro rata, likewise there is no order necessarily to be observed among them, but each is bound to restore his part according to the ratio of influence on the damage.

2. If they cooperated in different degree for inflicting the damage, the order to be observed among them is contained in these rules.

a. In the first place the possessor of another's thing is bound, whether he has it in good faith or bad faith; and if in bad faith he destroyed it, he is bound to restore its equivalent price.

If the possessor restores another's thing, the other cooperators are bound to nothing further, for the damage has already been repaired; and if another restores in place of the possessor, the possessor must render him unharmed.

b. In the second place the one mandating is bound, who is the principal cause of the damage inflicted.

c. In the third place the executor of the mandate is bound, who is the instrument of the one mandating and therefore together with him the primary cause of the damage.

Concerning the one counseling, it must be noted: if the counsel is useful only to the one counseling, he is equated with the one mandating and must restore before the executor; if it is useful only to the executor, this one is bound in the first place and the one counseling in his defect; if it is useful to each, each is bound pro rata, and each in the defect of the other in solidum.

d. In the fourth place the positive cooperators are bound: the one counseling, the one consenting, the flatterer, the receiver, and the participant in the unjust action.

e. In the fifth place negative cooperators are bound, who, since they do not inflict damage but only do not impede it, concur in it less than those positively cooperating.

501. From this established order the following are inferred:

a. If the principal cause restores, the secondary causes, which are obligated only in defect of it, are bound to nothing.

If one of the secondary causes restores, the principal cause must compensate him.

If one of the equal causes restores the whole, the others are bound to pay their part to him.

Therefore if one of the cooperators repaired the whole damage, one must distinguish in this way: alpha. if he is bound to restitution before others, these are free; beta. if others are bound before him, these must compensate the whole to him; gamma. if all are equally bound in the first place, the others must compensate to him the part which belongs to them.

b. If condonation has been made by the owner to the principal cause, the others also are immune from the obligation.

If condonation has been made to the secondary cause, the principal is not therefore freed from the obligation.

If condonation has been made to an equal cause, the other equals are not therefore freed, unless full condonation can be presumed.