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Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 1948When surety may proceed against debtor to be indemnified.

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

In forceOfficial text

A surety, even before paying, may proceed against the debtor to be indemnified by him -

(a) if he has been sued for payment;

(b) if the debtor has become bankrupt or insolvent, or his condition has altered and there is a reasonable apprehension of insolvency;

(c) if the debtor has undertaken to release him from the suretyship within a specified time, and such time has elapsed;

(d) if the debt has become due by the expiration of the time agreed upon for payment;

(e) if the debtor is in default for delay in payment;

(f) at the expiration of two years, where no time has been fixed for payment, and the obligation is not, of its nature, such that it cannot be extinguished before a longer time.

§ III. OF THE EFFECTS OF SURETYSHIP AS BETWEEN CO-SURETIES