(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…
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Article 1647. Notification and request by surety before performance
(1) Before performance to the creditor, the surety is required to notify the debtor and request information about the outstanding amount of the secured obligation and any defences or counterclaims against it. (2) If the surety fails to comply with the requirements under paragraph (1)…
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Article 1646. Debtor’s relief for the surety
(1) A surety who has provided a security at the debtor’s request or with the debtor’s express or presumed consent may request relief by the debtor: a) if the debtor has not performed the secured obligation at maturity; b) if the debtor is unable to…
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Article 1645. Reduction of the creditor’s rights
(1) In so far as due to the creditor’s conduct the surety cannot be subrogated to the creditor’s rights against the debtor and to the creditor personal and proprietary security rights granted by third parties, or cannot be fully reimbursed from the debtor or from…
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Article 1644. Limits of global suretyship without time limit
(1) If the global suretyship is not limited to obligations that arise or become due within an agreed time limit, the scope of the security may be limited by either the creditor or the surety by giving notice of at least 3 months to the…
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Article 1643. Time limit for resort to security
(1) If a time limit has been agreed, directly or indirectly, within which the creditor may resort to performance under the suretyship that establishes the solidary liability of the surety, the surety is no longer liable after expiration of the agreed time limit. However, the…
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Article 1642. Requirement of notification by creditor
(1) The creditor is required to notify the surety without undue delay in case of a non-performance by, or inability to pay of, the debtor of the secured obligation, as well as of an extension of maturity. This notification must include information regarding the secured…
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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…
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Article 1640. Solidary liability of the Surety
Unless otherwise agreed, the liability of the debtor and the surety is solidary and, accordingly, the creditor has the choice of claiming solidary performance from the debtor or, within the limits of the security, from the surety.
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Article 1639. Coverage of the Security
(1) The security covers, within its maximum amount, if any, not only the principal secured obligation, but also the debtor’s ancillary obligations towards the creditor, such as interest, late interest, penalties, and reasonable out-of-court enforcement costs of the obligations mentioned in this paragraph. (2) Court…