Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

OBLIGATIONS 471
Section II
Effects of suretyship
§ - 1 Effects between creditor and surety
852 Except where he has bound himself solidarily, the surety
is not bound to execute the debtor's obligation unless the
debtor fails to execute it.
853 A surety does not enjoy the benefit of discussion.
854 A surety who has reserved for himself the benefit of
discussion must exercise it in the action taken against him,
indicate to the creditor which property of the principal debtor
is seizable, and advance to the creditor the expenses required
for the discussion.
§ - 2 Effects between debtor and surety
855 A surety who has bound himself with the consent of the
debtor may claim from the debtor all that he has paid in
principal, interest and costs.
856 A surety who has bound himself without the knowledge,
or against the will of the debtor, is entitled, upon payment, to
recover only the amount which the debtor would have been
bound to pay if there had been no suretyship, save the costs
subsequent to the notice of payment, which are borne by the
debtor.
857 A surety who has paid a debt without notifying the
principal debtor of the payment has no recourse against the
principal debtor who subsequently paid the debt.
When the surety has paid without being sued and has
not notified the principal debtor, he has no recourse against
that debtor if, at the time of payment, the debtor had the
means of having the debt declared extinct.