Article 1641. Subsidiary Liability of the Surety

(1) If so agreed, the surety may invoke as against the creditor the subsidiary character of its liability (benefit of discussion).
(2) Subject to paragraph (3), before demanding performance from the surety, the creditor must have undertaken appropriate attempts to obtain satisfaction of the secured obligation from the debtor and, if any, from other persons who have secured the same obligation under a personal or proprietary security establishing solidary liability.
(3) The creditor is not required to attempt to obtain satisfaction from the debtor or another person according to paragraph (2) if it is obviously impossible or exceedingly difficult to obtain satisfaction from the person concerned. This exception applies, in particular, if and in so far as an insolvency or equivalent proceeding has been opened against the person concerned, unless a proprietary security provided by that person and for the same obligation is available.