Title Third: Extinction of Surety

Article 1087

Art. 1087 - All grounds for nullity or extinction of the principal obligation extinguish the suretyship.

Article 1088

Art. 1088 - The obligation arising from the suretyship is extinguished by the same causes as other obligations, even independently of the principal obligation.

Article 1089

Article 1089 - The guarantor is discharged when the subrogation to the rights of the creditor can no longer, by the fact of the creditor, be effected in favor of the guarantor.

Article 1090

Art. 1090 - The payment made by the guarantor releases both the guarantor and the principal debtor; the same applies to the delegation given by the guarantor and accepted by the creditor and the delegated third party, the consignment of the thing due when it is validly made, the payment in kind, and the novation agreed upon between the creditor and the guarantor.

Article 1091

Art. 1091 - The discharge of the debt granted to the debtor releases the guarantor; that granted to the guarantor does not release the debtor; that granted to one of the guarantors, without the consent of the others, releases the latter for the share of the guarantor to whom the discharge was granted.

Article 1092

Article 1092 - Novation effected with regard to the principal debtor releases the guarantors, unless they have consented to guarantee the new claim. However, when the creditor has stipulated the accession of the guarantors to the new obligation, and those latter refuse to give it, the old obligation is not extinguished.

Article 1093

Art. 1093 - The confusion resulting from the combination in one person of the status of creditor and that of principal debtor releases the guarantor. If, in the case of confusion resulting from the death of the creditor whose heir is the principal debtor, the creditor leaves other heirs than the latter, the guarantor is discharged up to the share of the debtor. The confusion that occurs between the creditor and the guarantor does not release the principal debtor. The confusion that occurs between the principal debtor and the guarantor, when one becomes the heir of the other, extinguishes the guarantee and leaves only the principal debt subsisting. However, the creditor retains their action against the person who stood as guarantor for the guarantor and retains the securities that they had been given to guarantee the guarantor's obligation.

Article 1094

Article 1094 - The extension of term granted by the creditor to the principal debtor benefits the guarantor, unless it was granted on account of the financial distress of the debtor. The extension of term granted by the creditor to the guarantor does not benefit the principal debtor, unless the creditor makes a contrary declaration.

Article 1095

Art. 1095 - The interruption of the prescription with regard to the principal debtor has an effect on the guarantor. The prescription that has been completed in favor of the principal debtor benefits the guarantor.

Article 1096

Art. 1096 - When the creditor has voluntarily accepted, in payment of their debt, something different from what was due, the guarantor, even if solidary, is discharged, even if the creditor is evicted from the thing or if they return it due to its hidden defects.

Article 1097

Art. 1097 - The death of the guarantor does not extinguish the guarantee; the obligation of the guarantor passes to their estate.