(1) Where a person has performed a part of the obligation on behalf of the obligor by subrogation, he or she may exercise his or her right concurrently with the obligee in proportion to the value of the performance effected by him or her.
(2) In the case mentioned in the preceding paragraph the rescission or termination of contract by reason of non-performance must be done by the obligee only, and he must reimburse the person subrogated for the value of the performance effected together with the interest thereon.