The creditor shall within the month following the end of each semester of the calendar year as
from the date of signature of the surety-bond communicate to the surety the account of the debts
of the principal debtor giving details of their origin, the due dates of payment, the various
amounts in terms of principal, interest and other accessories still unpaid at the end of the past
semester, and reminding him of his option to revoke by literally reproducing the provisions of
article 19 of this Uniform Act.
Where the creditor fails to comply with the prescriptions of this article, he shall vis a vis the
security lose the contractual interest which accrued from the date of the preceding information
up to the date the latest information was communicated to him without prejudice to the
provisions of article 29 of this Uniform Act.
Any clause contrary to the provisions of this article shall be disregarded.
ARTICLE.26
The liability of the surety shall be the same as that of the principal debtor. Any surety whose
liability shall be joint and several shall in the same manner as the principal debtor be bound to
discharge the main debt subject to any special provisions of this Uniform Act.
However, the creditor may pursue the surety only by instituting an action against the principal
debtor.
ARTICLE.27
The court appointed surety and the surety whose liability is joint and several shall have no
benefit of discussion. Unless he has expressly waived this benefit, the surety with single liability
may once action has been commenced against him, require that the creditor exhaust his recourse
against the principal debtor identifying the said debtor’s assets which can immediately be
attached within the national territory and which are likely to yield sufficient funds for the full
settlement of the debt. The surety shall also advance money to cover the cost of this exercise or
deposit the necessary sum of money as may be fixed by the competent court for that purpose.
Where the surety has identified these assets and deposited sufficient funds for the discussion,
the creditor shall with regard to the surety be responsible up to the value of the identified assets
for the insolvency of the debtor resulting from the creditor’s failure to pursue the said assets.
Official translation
Spot-checked
In force from 15 December 2010
Source page 12