(1) As against the creditor, the surety may invoke any defense of the debtor with respect to the secured obligation, even if the defense is no longer available to the debtor due to acts or omissions of the debtor occurring after the suretyship was assumed.…
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Article 1637. Accessory nature of the surety’s obligation
(1) The surety’s obligation arises and becomes due only to the extent that the debtor’s obligation to the creditor arises and becomes due. (2) The surety’s obligation cannot exceed the debtor’s obligation. This rule does not apply if the debtor’s obligation is reduced or discharged:…
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Article 1636. Obligation secured by suretyship
(1) The obligation secured by suretyship may be present or future, absolute or conditional. Suretyship may also secure the obligation of another surety. (2) If the suretyship was assumed before the conclusion of the contract or other juridical act from which the secured obligation arises,…
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Article 1635. Termination of suretyship by death
A personal security is terminated by the death of the security provider. Any contrary clause is null and void.
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Article 1634. Form of assuming a personal security
(1) A contract or unilateral juridical act through which a personal security is assumed must be concluded in writing, under penalty of nullity. (2) If a security provider performs under a security that is not in writing, the form defect is remedied with respect to…
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Article 1633. Grounds for the establishment of personal security
(1) A personal security may be assumed by the security provider through a contract with the creditor (suretyship contract or, as applicable, an independent personal security contract). (2) In the case of a personal security assumed by contract, the creditor is considered to have accepted…
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Article 1632. Application of this chapter to certain personal security
(1) The provisions of this chapter do not apply to insurance contracts. In case of insurance securing a debtor’s obligations, the provisions of this chapter apply only if the insurer has issued a document establishing a personal security in favor of a specific creditor. (2)…
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Article 1631. Letter of comfort
(1) A letter of comfort is a personal security through which the security provider assumes an obligation towards the creditor to do or not to do something, in order to support the debtor in fulfilling its obligations towards that creditor. (2) If the debtor fails…
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Article 1630. Co-debtorship for security purposes
(1) Co-debtorship for security purposes refers to an obligation owed by two or more debtors, where one of the debtors assumes the obligation primarily for the purposes of security in favor of the creditor. (2) In the case of co-debtorship for security purposes, the provisions…
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Article 1629. Presumption of suretyship
Any undertaking to pay or perform any other obligation or to indemnify the creditor for the purpose of securing the obligation owed by another person is presumed to be a suretyship, unless the creditor proves that an independent personal security was stipulated.