There shall be no surety-bond unless the secured principal debt is valid. However, any person having full knowledge of the facts may stand surety for a person who lacks capacity. The ratification of a voidable debt by the debtor shall only be binding on the surety where he expressly waives his right to challenge same.
The surety may invoke the lack of authority of the representative to commit the principal indebted legal person if the principal debt is not properly constituted unless the indebted legal person has ratified the debt and the surety has expressly waived his right to challenge the said debt.
Where the responsibility of the surety is engaged under more exacting conditions than the principal debt the said responsibility shall be reduced to the amount of the debt. It shall also not exceed the amount owed by the principal debtor at the time proceedings are taken.
The principal debtor shall not increase the liability of the surety by any subsequent agreement.
Official translation
Transcription: Spot-checked
In force from 16-05-2011
Source page 10
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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