TITLE XI

SURETYSHIP

CHAPTER I

GENERAL PROVISIONS

 

Section 680.- Suretyship is a contract whereby a third person, called the surety, binds himself to a creditor to satisfy an obligation in the event that the debtor fails to perform it.

A contract of suretyship is not enforceable by action unless there be some written evidence signed by the surety.

 

Section 681.- Suretyship can be given only for a valid obligation.

A future or conditional obligation may be secured for the event in which it would have effect.

An obligation, resulting from a contract which under mistake or incapacity does not bind the debtor, can be validly secured if the surety at the time when he binds himself knows such mistake or incapacity.

 

Section 682.- A person may agree to be surety for another surety.

If several persons make themselves sureties for the same obligation they are liable as joint debtors, even though they do not assume the suretyship in common.

 

Section 683.- The suretyship without limitation covers interest and compensation due by the debtor on account of the obligation and all charges accessory to it.

 

Section 684.- The surety is liable for the costs of action to be paid by the debtor to the creditor, but he is not liable for such costs if the action was entered without first demanding performance from him.

 

Section 685.- If, on enforcement of the contract of suretyship, the surety does not perform the whole of the obligation of the debtor, together with interest, compensation and accessories, the debtor remains liable to the creditor for the balance.

 

CHAPTER II

EFFECTS BEFORE PERFORMANCE

 

Section 686.- As soon as the debtor is in default, the creditor is entitled to demand performance of the obligation from the surety.

 

Section 687.- The surety is not bound to perform the obligation before the time fixed for performance, although the debtor can no longer take advantage of a time of commencement or ending.