1. Only the party filing the challenge may take advantage thereof, and only the party against whom the challenge is filed may be affected thereby. However, if the judgment is rendered on a matter that is indivisible, or an obligation based on joint liability, or on a legal proceeding in respect of which the law prescribes that certain persons be sued, the losing party, who has either missed the time limit for filing the challenge or accepted the judgment, may challenge the same while the challenge timely filed by any of the other losing parties is being heard through joining the party filing the challenge in respect of its relief sought. Failing which, the court shall order the party filing the challenge to sue the defaulting party. If a challenge is timely filed against a prevailing party, the other prevailing parties shall be sued as well, even after the time limit for the challenge has expired with regard to them. 2. If the challenge is timely filed by the guarantor or by the party requesting the guarantee against the judgment rendered on the original legal proceeding, and they have the same defense in respect thereof, the party, who has either missed the time limit for challenging the judgment or accepted the judgment, may challenge the same judgment through joining the other party. If a challenge is timely filed against either of them, the other party, too, may be sued even after the time limit for the challenge has lapsed with regard thereto. 3. The guarantor and party seeking the guarantee shall each take advantage of the challenge filed by either of them against the judgment rendered in respect of the original legal proceeding, provided that they have the same defense in respect thereof.
Interpretation and application must be checked against the official text and current version.