Page 493 - Important Provisions of The New Civil Code

Article 2061. The guarantor having fulfilled all

the conditions required in the preceding

Article, the creditor who is negligent in

exhausting the property pointed out shall suffer

the loss, to the extent of said property, for the

insolvency of the debtor resulting from such

negligence. (1833a)

Article 2062. In every action by the creditor,

which must be against the principal debtor

alone, except in the cases mentioned in Article

2059, the former shall ask the court to notify the

guarantor of the action. The guarantor may

appear so that he may, if he so desire, set up

such defenses as are granted him by law. The

benefit of excussion mentioned in Article 2058

shall always be unimpaired, even if judgment

should be rendered against the principal debtor

and the guarantor in case of appearance by the

latter. (1834a)