Law library and case analysis · Austria · Belgium · European Union
LAWxPERT Sign in Free account

Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 1947When surety forfeits his right of relief against debtor.

Title II of Book Third of the Code of Organization and Civil

In forceOfficial text

(1) A surety has no right to relief against the principal debtor, if the latter, not having been notified by the surety of the payment made by him, pays as well.

(2) A surety who has paid without having notified the principal debtor, has no right to relief against the latter, if, at the time of the payment, the debtor was in possession of such means as would have enabled him to have the debt declared extinct.

(3) In each of the aforesaid cases the right of the surety to an action for recovery against the creditor remains unimpaired.