Civil Code · English · 2015
Article 2472
Lapse of Indemnity Claim
(1)
The surety has the right and the duty to set up against the creditor all the defenses available to the principal debtor unless they are excluded by the nature of his suretyship.
#(2)
The surety who fails to set up such defenses loses his indemnity claim in so far as these defenses would have relieved him of payment.
#(3)
The provisions of sub-Article (2) shall not apply where the surety can prove that he was in ignorance thereof without his fault.
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