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
Spot-checked
In force from 15 December 2010
Source page 10