Article 1648. Surety’s rights after performance

(1) The surety has a right to reimbursement from the debtor only in so far as the surety has performed the obligation arising from the suretyship. In addition, the surety is subrogated, to the same extent, to the creditor’s rights against the debtor. The right to reimbursement and the rights acquired through subrogation are concurrent.
(2) In case of part performance, the creditor’s remaining partial rights against the debtor have priority over the rights to which the surety has been subrogated.
(3) By virtue of subrogation under paragraph (1), the rights arising from dependant and independent personal and proprietary security rights are transferred by operation of law to the surety notwithstanding any contractual restriction or exclusion of transferability. Rights against providers of personal or proprietary security can only be exercised within the limits provided in Article 1659.
(4) Where the debtor, due to lack of full discernment or lack of legal capacity at the time of assuming the secured obligation, is not liable to the creditor but the surety is nonetheless bound by, and performs, the suretyship, the surety’s right to reimbursement from the debtor is limited to the extent of the debtor’s enrichment by the transaction with the creditor. This rule applies also if a debtor legal entity has not come into existence.
(5) The surety’s right to reimbursement in recourse does not extend to any form of damages for which the surety was liable to the creditor due to non-excused non-performance of the obligation arising from the suretyship.
(6) Notwithstanding paragraph (1), the surety may act in recourse even before performing the suretyship if the surety is being pursued in court for performance, if the debtor is insolvent, or if the debtor has undertaken to release the surety from the suretyship within a specified period and that period has expired.