{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:civil:2015:article:2472","workId":"law:eri:code:civil:2015","expressionId":"law:eri:code:civil:2015:en","title":"Lapse of Indemnity Claim","number":"2472","language":"en","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2472/","hierarchy":{"book":"BOOK VI - SPECIAL CONTRACTS","title":"TITLE IV - CONTRACTS FOR THE PROVISION OF SECURITY","chapter":"Chapter 1. - Suretyship","section":null,"paragraph":null},"paragraphs":[{"id":"p1","number":"1","text":"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.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2472/#p1","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":686,"url":"https://eriatlas.com/sources/civil-code-2015/page/686/?article=2472&paragraph=p1#article-2472-p1"}]},{"id":"p2","number":"2","text":"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.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2472/#p2","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":686,"url":"https://eriatlas.com/sources/civil-code-2015/page/686/?article=2472&paragraph=p2#article-2472-p2"}]},{"id":"p3","number":"3","text":"The provisions of sub-Article (2) shall not apply where the surety can prove that he was in ignorance thereof without his fault.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2472/#p3","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":686,"url":"https://eriatlas.com/sources/civil-code-2015/page/686/?article=2472&paragraph=p3#article-2472-p3"}]}],"caution":"This is the 2015 English-language edition attributed in its front matter to the Ministry of Justice. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force. Nine passages are incomplete in the available scan and are identified where they occur."}