Title First: Conditions of Surety

Article 1053

Art. 1053 - A suretyship is a contract whereby a person undertakes towards a creditor to perform the obligation of the debtor, if the latter fails to do so.

Article 1054

Art. 1054 - He who charges another person to give credit to a third party, by undertaking to answer for the latter, answers, in the capacity of guarantor, and within the limit of the sum indicated by him, for the obligations contracted by the third party. If no limit has been fixed, the guarantor answers only up to what is reasonable, according to the person to whom the credit is opened. The act provided for in the first paragraph of this article is revocable, as long as it has not received a beginning of execution by the person charged with opening the credit. It can only be proven by writing.

Article 1055

Art. 1055 - No one may become a guarantor unless they have the capacity to alienate gratuitously. A minor may not become a guarantor, even with the authorization of their father or guardian, if they have no interest in the matter they are guaranteeing.

Article 1056

Art. 1056 - A suretyship can only exist for a valid obligation.

Article 1057

Art. 1057 - The guarantee may have for its object a conditional obligation (such as the guarantee for cause of eviction), a future or undetermined one provided that the determination can be made subsequently (such as the sum to which a person may be sentenced by a judgment); in this case, the commitment of the guarantor is determined by that of the principal debtor.

Article 1058

Art. 1058 - One cannot guarantee an obligation that the surety could not discharge in place of the principal debtor, such as a corporal penalty.

Article 1059

Art. 1059 - Suretyship is not presumed; the intention to provide surety must clearly result from the instrument.

Article 1060

Art. 1060 - The undertaking to guarantee someone does not constitute a guarantee, but the party in whose favor it was made has the right to demand its fulfillment; in default, he has the right to damages.

Article 1061

Art. 1061 - The suretyship must be formally accepted by the creditor.

Article 1062

Art. 1062 - One may guarantee an obligation without the knowledge of the principal debtor, and even against their will; but the guarantee given despite the express objection of the debtor creates no legal bond between this debtor and the guarantor, who is only obligated towards the creditor.

Article 1063

Art. 1063 - One may provide a guarantee not only for the principal debtor, but also for the person providing the guarantee.

Article 1064

Art. 1064 - The guarantee cannot exceed what is owed by the debtor, except with regard to the term.

Article 1065

Art. 1065 - The suretyship may be for a fixed term, i.e. for a certain period of time, or from a specific date; it may be contracted for only a part of the debt, or under less onerous conditions.

Article 1066

Art. 1066 - When the suretyship has not been expressly limited to a fixed sum or to a determined part of the obligation, the surety is also liable for damages and expenses incurred by the principal debtor due to non-performance of the obligation. The surety is not liable for new obligations contracted by the principal debtor after the constitution of the undertaking that it has guaranteed. However, when the surety has expressly guaranteed the performance of all undertakings contracted by the debtor by reason of the contract, it is liable, like the principal debtor, for all obligations for which the latter may be held liable in this regard.

Article 1067

Art. 1067 - The guarantee is by its nature gratuitous, unless otherwise stipulated.

Article 1068

Art. 1068 - When the guarantee received by the creditor, by virtue of the contract, has become insolvent, another guarantee must be provided, or an equivalent security. In the absence thereof, the creditor may pursue immediate payment of their claim, or the termination of the contract concluded under this condition. If the solvency of the guarantee is only insufficient, a supplementary guarantee or additional security must be provided. These provisions do not apply: 1) in the case where the guarantee was given without the knowledge of the debtor or against their will; 2) when the guarantee was given by virtue of an agreement whereby the creditor required a specific person to act as guarantor.