(1) To the extent that several security providers have secured, through suretyship, the performance of the same obligation or the same part of an obligation, or have assumed obligations through independent personal security for the same security purpose, each security provider assumes within the limits…
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Article 1657. Security provider’s rights after performance
After performing under the security, the security provider may exercise the rights set forth in Article 1648, which apply accordingly.
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Article 1656. Transfer of security right
(1) The creditor’s right to performance by the security provider can be assigned or otherwise transferred. (2) However, in the case of an independent personal security on first demand, the right to performance cannot be assigned or otherwise transferred and the demand for performance can…
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Article 1655. Security with or without time limits
(1) If a time limit has been agreed, directly or indirectly, for the resort to a security, the security provider remains liable even after expiration of the time limit, provided the creditor had demanded performance according to Article 1651 para. (1) or Article 1652, at…
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Article 1654. Security provider’s right to reclaim
(1) The security provider has the right to reclaim the benefits received by the creditor if: a) the conditions of the creditor’s demand were not or subsequently ceased to be fulfilled; or b) the creditor’s demand was manifestly abusive or fraudulent. (2) The security provider’s…
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Article 1653. Manifestly abusive or fraudulent demand
(1) A security provider is obliged to refuse performance based on the demand if it is unequivocally proven by evidence available at the time of the examination of the demand that the demand is manifestly abusive or fraudulent. The obligation to refuse arises regardless of…
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Article 1652. Independent personal security on first demand
(1) An independent personal security which is expressed as being due upon first demand or which is in such terms that this can unequivocally be inferred, is governed by the rules in Article 1651, except as provided in this Article. (2) The security provider is…
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Article 1651. Performance by security provider
(1) The security provider is obliged to perform only if it has received, in textual form, a demand for performance with the necessary supporting documents attached, and which complies exactly with all other terms set out in the contract or other juridical act creating the…
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Article 1650. Notification to debtor by security provider
(1) The security provider is required: a) to notify the debtor immediately if a demand for performance is received and to state whether or not, in the view of the security provider, performance falls to be made; b) to notify the debtor immediately if performance…
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Article 1649. Independence
(1) The independence of a security is not affected by a mere general reference to an underlying obligation owed to the creditor. (2) The provisions of this Section also apply to standby letters of credit.