Statute
Civil Code
Article
Art. 2071
Topic
Effects of Guaranty
Book
BOOK IV Obligations and Contracts
Title
TITLE XV GUARANTY
Chapter
CHAPTER 2 Effects of Guaranty
Formerly
Art. 1834a of the old Civil Code
Year
1949

The provision

The guarantor, even before having paid, may proceed against the principal debtor: (1) When he is sued for the payment; (2) In case of insolvency of the principal debtor; (3) When the debtor has bound himself to relieve him from the guaranty within a specified period, and this period has expired; (4) When the debt has become demandable, by reason of the expiration of the period for payment; (5) After the lapse of ten years, when the principal obligation has no fixed period for its maturity, unless it be of such nature that it cannot be extinguished except within a period longer than ten years; (6) If there are reasonable grounds to fear that the principal debtor intends to abscond; (7) If the principal debtor is in imminent danger of becoming insolvent. In all these cases, the action of the guarantor is to obtain release from the guaranty, or to demand a security that shall protect him from any proceedings by the creditor and from the danger of insolvency of the debtor. (1834a)

Cases applying this article

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