A suretyship may not be given except in respect of a valid obligation.
Civil Code
2015 English source edition · Current applicability not established.
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.
Article 2453
Principal Obligation Void · Preserved transcription; page attribution imported from the source collection. Verify against the original.
An obligation resulting from a contract which, owing to mistake or incapacity, is not binding on the debtor, may validly be the object of a suretyship where the surety, on undertaking the suretyship, was aware of the defect pertaining to the debtor which vitiated the contract.