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Article 2069. If the debt was for a period and the guarantor
paid it before it became due, he cannot demand
reimbursement of the debtor until the expiration of the period
unless the payment has been ratified by the debtor. (1841a)
Article 2070. If the guarantor has paid without notifying the
debtor, and the latter not being aware of the payment, repeats
the payment, the former has no remedy whatever against the
debtor, but only against the creditor. Nevertheless, in case of a
gratuitous guaranty, if the guarantor was prevented by a
fortuitous event from advising the debtor of the payment, and
the creditor becomes insolvent, the debtor shall reimburse the
guarantor for the amount paid. (1842a)
Effect of repeat payment by debtor.
G.R.: before the guarantor pays the creditor, he must first notify the debtor.
If he fails to give such notice and the debtor repeats the payment, the
guarantors only remedy is to collect from the creditor, but he has no
cause of action against the debtor for the return of the amount paid by
him (guarantor) even if the creditor should become insolvent .
Exception:
The guarantor may still claim reimbursement from the debtor in spite
of lack of notice if the following conditions are present:
(a) The creditor becomes insolvent
the guarantor was prevented by fortuitous event to advise the
debtor of the payment; and
(c) the guaranty is gratuitous
(b)
(4) When the debt has become demandable, by reason of the expiration
of the period for payment;
(5) After the lapse of ten years, when the principal obligation has no
fixed period for its maturity, unless it be of such nature that it cannot be
extinguished except within a period longer than ten years;
(6) If there are reasonable grounds to fear that the principal debtor
intends to abscond;
(7) If the principal debtor is in imminent danger of becoming insolvent.
In all these cases, the action of the guarantor is to obtain release from
the guaranty, or to demand a security that shall protect him from any
proceedings by the creditor and from the danger of insolvency of the
debtor. (1834a)
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CHAPTER 3
Extinguishment of Guaranty
Article 2076. The obligation of the guarantor is
extinguished at the same time as that of the
debtor, and for the same causes as all other
obligations. (1847)
Guaranty being accessory and subsidiary, it is also