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LOAN Art. 1939.

Commodatum is purely personal in character. Consequently:


Art. 1933.
By the contract of loan, (1) The death of either the bailor or the bailee extinguishes the
one of the parties delivers to another, contract;
either something not consumable
so that the latter may use the same for a certain time and (2) The bailee can neither lend nor lease the object of the contract
return it, to a third person.
in which case the contract is called a commodatum;
Or However, the members of the bailee's household
money or other consumable thing, may make use of the thing loaned,
upon the condition unless there is a stipulation to the contrary,
that the same amount of the same kind and quality shall or unless the nature of the thing forbids such use.
be paid,
Art. 1940.
in which case the contract is simply called a loan or
A stipulation that the bailee may make use of the fruits of the thing
mutuum.
loaned is valid.
Commodatum is essentially gratuitous.
Obligations of the Bailee
Simple loan may be gratuitous or with a stipulation to pay interest.
Art. 1941.
In commodatum, The bailee is obliged to pay
the bailor retains the ownership of the thing loaned, for the ordinary expenses
while in simple loan, for the use and preservation of the thing loaned.
ownership passes to the borrower.
Art. 1942.
The bailee is liable for the loss of the thing, even if it should be
Art. 1934.
through a fortuitous event:
An accepted promise to deliver something
(1) If he devotes the thing to any purpose different from that for
by way of commodatum or simple loan
which it has been loaned;
is binding upon parties,
(2) If he keeps it longer than the period stipulated,
but the commodatum or simple loan itself or after the accomplishment of the use
shall not be perfected for which the commodatum has been constituted;
until the delivery of the object of the contract.
(3) If the thing loaned has been delivered with appraisal of its value,
unless there is a stipulation exempting the bailee
from responsibility in case of a fortuitous event;
COMMODATUM
Nature of Commodatum
(4) If he lends or leases the thing to a third person,
Art. 1935. who is not a member of his household;
The bailee in commodatum
acquires the used of the thing loaned (5) If, being able to save either the thing borrowed or his own thing,
but not its fruits; he chose to save the latter.

if any compensation is to be paid by him who acquires the


Art. 1943.
use,
The bailee does not answer
the contract ceases to be a commodatum.
for the deterioration of the thing loaned
Art. 1936. due only to the use thereof
Consumable goods may be the subject of commodatum and without his fault.
if the purpose of the contract is not the consumption of
the object, Art. 1944.
The bailee cannot retain the thing loaned
as when it is merely for exhibition.
on the ground that the bailor owes him something,
Art. 1937. even though it may be by reason of expenses.
Movable or immovable property may be the object of
commodatum. However, the bailee has a right of retention
for damages mentioned in Article 1951.
Art. 1938.
The bailor in commodatum need not be the owner of the thing
loaned.
Art. 1945. Art. 1951.
When there are two or more bailees The bailor who, knowing the flaws of the thing loaned,
to whom a thing is loaned in the same contract, does not advise the bailee of the same,
they are liable solidarily. shall be liable to the latter for the damages
which he may suffer by reason thereof.
Obligations of the Bailor
Art. 1952.
Art. 1946. The bailor cannot exempt himself from the payment of expenses or
The bailor cannot demand the return of the thing loaned damages
till after the expiration of the period stipulated, by abandoning the thing to the bailee. (n)
or after the accomplishment of the use
for which the commodatum has been constituted.
SIMPLE LOAN OR MUTUUM

However, if in the meantime, Art. 1953.


he should have urgent need of the thing, A person who receives a loan of money or any other fungible thing
he may demand its return or temporary use. acquires the ownership thereof,
and is bound to pay to the creditor
In case of temporary use by the bailor, an equal amount of the same kind and quality.
the contract of commodatum is suspended
while the thing is in the possession of the bailor. Art. 1954.
A contract whereby one person transfers the ownership
of non-fungible things to another
Art. 1947. with the obligation on the part of the latter
The bailor may demand the thing at will, and the contractual relation to give things of the same kind, quantity, and quality
is called a precarium, in the following cases: shall be considered a barter.

(1) If neither the duration of the contract Art. 1955.


a. nor the use to which the thing loaned should be The obligation of a person who borrows money shall be governed by
devoted, the provisions of Articles 1249 and 1250 of this Code.
b. has been stipulated; or
If what was loaned is a fungible thing other than money,
(2) If the use of the thing is merely tolerated by the owner. the debtor owes another thing of the same kind, quantity
and quality,
Art. 1948. even if it should change in value.
The bailor may demand the immediate return of the thing In case it is impossible to deliver the same kind,
if the bailee commits any act of ingratitude its value at the time of the perfection of the loan shall be
specified in Article 765. paid.
Art. 1949. Art. 1956.
The bailor shall refund the extraordinary expenses No interest shall be due unless it has been expressly stipulated in
during the contract for the preservation of the thing writing.
loaned,
provided the bailee brings the same to the knowledge of Art. 1957.
the bailor Contracts and stipulations, under any cloak or device whatever,
before incurring them, intended to circumvent the laws against usury shall be void. The
except when they are so urgent borrower may recover in accordance with the laws on usury.
that the reply to the notification cannot be awaited
without danger. Art. 1958.
In the determination of the interest, if it is payable in kind, its value
If the extraordinary expenses arise shall be appraised at the current price of the products or goods at
on the occasion of the actual use of the thing by the the time and place of payment.
bailee,
even though he acted without fault, Art. 1959.
they shall be borne equally Without prejudice to the provisions of Article 2212, interest due and
by both the bailor and the bailee, unpaid shall not earn interest. However, the contracting parties may
unless there is a stipulation to the contrary. by stipulation capitalize the interest due and unpaid, which as added
principal, shall earn new interest.
Art. 1950.
If, for the purpose of making use of the thing, Art. 1960.
the bailee incurs expenses other than those referred to in If the borrower pays interest when there has been no stipulation
Articles 1941 and 1949, therefor, the provisions of this Code concerning solutio indebiti, or
he is not entitled to reimbursement. natural obligations, shall be applied, as the case may be.
Art. 1961. and may be compelled to return the thing by the guardian,
Usurious contracts shall be governed by the Usury Law and other or administrator, of the person who made the deposit,
special laws, so far as they are not inconsistent with this Code. (n) or by the latter himself if he should acquire capacity.

Art. 1971.
If the deposit has been made
DEPOSIT
DEPOSIT IN GENERAL AND ITS DIFFERENT KINDS
by a capacitated person
with another who is not,
Art. 1962.
A deposit is constituted
the depositor shall only have an action to recover the
from the moment a person receives a thing belonging to
thing deposited
another,
while it is still in the possession of the depositary,
with the obligation of safely keeping it
or to compel the latter to pay him
and of returning the same.
the amount by which he may have enriched
or benefited himself with the thing or its price.
If the safekeeping of the thing delivered
is not the principal purpose of the contract,
However, if a third person who acquired the thing acted
there is no deposit but some other contract.
in bad faith,
Art. 1963. the depositor may bring an action against him for its
An agreement to constitute a deposit is binding, recovery.
but the deposit itself is not perfected
until the delivery of the thing.
Obligations of the Depositary
Art. 1964. Art. 1972.
A deposit may be constituted judicially or extrajudicially. The depositary
is obliged to keep the thing safely
Art. 1965.
and to return it, when required,
A deposit is a gratuitous contract,
to the depositor,
except when there is an agreement to the contrary,
or to his heirs and successors,
or unless the depositary
or to the person who may have been designated in the
is engaged in the business of storing goods.
contract.
Art. 1966.
His responsibility, with regard to the safekeeping and the loss of the
Only movable things may be the object of a deposit.
thing, shall be governed by the provisions of Title I of this Book.
Art. 1967.
If the deposit is gratuitous,
An extrajudicial deposit
this fact shall be taken into account
is either voluntary or necessary.
in determining the degree of care that the depositary
must observe.
VOLUNTARY DEPOSIT
Art. 1973.
Art. 1968. Unless there is a stipulation to the contrary,
A voluntary deposit the depositary cannot deposit the thing with a third
is that wherein the delivery person.
is made by the will of the depositor.
If deposit with a third person is allowed,
A deposit may also be made the depositary is liable for the loss
by two or more persons if he deposited the thing with a person who is manifestly
each of whom believes careless or unfit.
himself entitled to the thing deposited with a third person,
who shall deliver it in a proper case
to the one to whom it belongs. The depositary is responsible for the negligence of his employees.

Art. 1969. Art. 1974.


A contract of deposit may be entered into orally or in writing. The depositary may change the way of the deposit
if under the circumstances
Art. 1970. he may reasonably presume that the depositor would
If a person having capacity to contract consent to the change
accepts a deposit made by one if he knew of the facts of the situation.
who is incapacitated,
the former shall be subject to all the obligations of a However, before the depositary may make such change,
depositary, he shall notify the depositor thereof
and wait for his decision, Fault on the part of the depositary is presumed, unless there is
o unless delay would cause danger proof to the contrary.

Art. 1975. As regards the value of the thing deposited,


The depositary holding the statement of the depositor shall be accepted,
certificates, bonds, securities or instruments when the forcible opening is imputable to the depositary,
which earn interest should there be no proof to the contrary.
shall be bound to collect the latter when it becomes due,
and to take such steps as may be necessary However, the courts may pass upon
in order that the securities may preserve their value the credibility of the depositor with respect to the value
and the rights corresponding to them according to law. claimed by him.

The above provision When the seal or lock is broken,


shall not apply to contracts with or without the depositary's fault,
for the rent of safety deposit boxes. he shall keep the secret of the deposit.

Art. 1976. Art. 1982.


Unless there is a stipulation to the contrary, When it becomes necessary to open a locked box or receptacle,
the depositary may commingle grain the depositary is presumed authorized to do so,
or other articles of the same kind and quality, if the key has been delivered to him;
in which case the various depositors or when the instructions of the depositor as regards the
shall own deposit
or have a proportionate interest in the mass. cannot be executed without opening the box or
receptacle.
Art. 1977.
The depositary cannot make use of the thing deposited Art. 1983.
without the express permission of the depositor. The thing deposited
Otherwise, he shall be liable for damages. shall be returned with all its products, accessories and
accessions.
However, when the preservation of the thing deposited
requires its use, Should the deposit consist of money,
it must be used but only for that purpose. the provisions relative to agents in article 1896 shall be
applied to the depositary. (1770)
Art. 1978.
When the depositary has permission to use the thing deposited,
the contract loses the concept of a deposit Art. 1984.
and becomes a loan or commodatum, The depositary
o except where safekeeping cannot demand that the depositor
o is still the principal purpose of the contract. prove his ownership of the thing deposited.

The permission shall not be presumed, and its existence must be Nevertheless, should he discover
proved. that the thing has been stolen
and who its true owner is,
Art. 1979. he must advise the latter of the deposit.
The depositary is liable for the loss of the thing through a fortuitous
event: If the owner, in spite of such information,
(1) If it is so stipulated; does not claim it within the period of one month,
(2) If he uses the thing without the depositor's permission; the depositary shall be relieved of all responsibility
(3) If he delays its return; by returning the thing deposited to the depositor.
(4) If he allows others to use it,
even though he himself may have been authorized to use If the depositary has reasonable grounds to believe
the same. that the thing has not been lawfully acquired by the
depositor,
Art. 1980. the former may return the same.
Fixed, savings, and current deposits of money in banks and similar
institutions Art. 1985.
shall be governed by the provisions concerning simple loan. When there are two or more depositors,
if they are not solidary,
Art. 1981. and the thing admits of division,
When the thing deposited each one cannot demand more than his share.
is delivered closed and sealed,
the depositary must return it in the same condition, When there is solidarity or the thing does not admit of division, the
and he shall be liable for damages provisions of Articles 1212 and 1214 shall govern.
should the seal or lock be broken through his fault.
However, if there is a stipulation that the thing should be returned shall only be bound to return the price he may have
to one of the depositors, the depositary shall return it only to the received
person designated. or to assign his right of action against the buyer
in case the price has not been paid him.
Art. 1986.
If the depositor should lose his capacity to contract Obligations of the Depositor
after having made the deposit,
the thing cannot be returned except to the persons Art. 1992.
who may have the administration of his property and If the deposit is gratuitous,
rights. the depositor is obliged to reimburse the depositary
for the expenses he may have incurred
Art. 1987. for the preservation of the thing deposited.
If at the time the deposit was made
a place was designated for the return of the thing, Art. 1993.
the depositary must take the thing deposited to such The depositor shall reimburse the depositary
place; for any loss arising from the character of the thing
but the expenses for transportation shall be borne by the deposited,
depositor. unless at the time of the constitution of the deposit

If no place has been designated for the return, the former was not aware of,
it shall be made where the thing deposited may be, or was not expected to know the dangerous character of
even if it should not be the same place where the deposit the thing,
was made, or unless he notified the depositary of the same,
provided that there was no malice on the part of the or the latter was aware of it without advice from the
depositary. depositor.

Art. 1988. Art. 1994.


The thing deposited The depositary may retain the thing in pledge
must be returned to the depositor upon demand, until the full payment of what may be due him
even though a specified period of time for such return by reason of the deposit.
may have been fixed.
Art. 1995.
This provision shall not apply when the thing is judicially attached A deposit its extinguished:
while in the depositary's possession,
or (1) Upon the loss or destruction of the thing deposited;
should he have been notified of the opposition of a third
person (2) In case of a gratuitous deposit,
to the return or the removal of the thing deposited. upon the death of either
the depositor or the depositary.
In these cases, the depositary must immediately inform
the depositor
of the attachment or opposition. NECESSARY DEPOSIT

Art. 1989. Art. 1996.


Unless the deposit is for a valuable consideration, A deposit is necessary:
the depositary who may have justifiable reasons for not
(1) When it is made in compliance with a legal obligation;
keeping the thing deposited
may, even before the time designated, (2) When it takes place on the occasion of any calamity,
return it to the depositor; such as fire, storm, flood,
pillage, shipwreck,
and if the latter should refuse to receive it,
or other similar events.
the depositary may secure its consignation from the court.
Art. 1997.
Art. 1990.
The deposit referred to in No. 1 of the preceding article shall be
If the depositary by force majeure or government order
governed by the provisions of the law establishing it, and in case of
loses the thing
its deficiency, by the rules on voluntary deposit.
and receives money or another thing in its place,
he shall deliver the sum or other thing to the depositor. ( The deposit mentioned in No. 2 of the preceding article shall be
regulated by the provisions concerning voluntary deposit and by
Art. 1991. Article 2168.
The depositor's heir
who in good faith may have sold the thing
which he did not know was deposited,
Art. 2004.
Art. 1998. The hotel-keeper has a right to retain the things
The deposit of effects brought into the hotel by the guest,
made by the travellers in hotels or inns as a security for credits on account of lodging, and
shall also be regarded as necessary. supplies
usually furnished to hotel guests.
The keepers of hotels or inns
shall be responsible for them as depositaries, SEQUESTRATION OR JUDICIAL DEPOSIT
provided that notice was given to them,
or to their employees, Art. 2005.
o of the effects brought by the guests and that, A judicial deposit or sequestration takes place
o on the part of the latter, when an attachment
o they take the precautions or seizure of property in litigation
o which said hotel-keepers or their substitutes is ordered.
advised relative to the care and vigilance of their
effects. Art. 2006.
Movable as well as immovable property may be the object of
Art. 1999. sequestration.
The hotel-keeper is liable
for the vehicles, animals and articles Art. 2007.
which have been introduced or placed The depositary of property or objects sequestrated
in the annexes of the hotel. cannot be relieved of his responsibility
until the controversy which gave rise thereto
Art. 2000. has come to an end, unless the court so orders.
The responsibility referred to in the two preceding articles
shall include the loss of, Art. 2008.
or injury to the personal property of the guests The depositary of property sequestrated
caused by the servants or employees of the keepers of
hotels or inns is bound to comply, with respect to the same,
as well as strangers; with all the obligations of a good father of a family.

Art. 2009.
but not that which may proceed from any force majeure.
As to matters not provided for in this Code, judicial sequestration
shall be governed by the Rules of Court.
The fact that travellers are constrained to rely on the
vigilance of the keeper of the hotels or inns
shall be considered in determining the degree of care
required of him.

Art. 2001.
The act of a thief or robber,
who has entered the hotel is not deemed force majeure,
unless it is done with the use of arms
or through an irresistible force.

Art. 2002.
The hotel-keeper is not liable for compensation
if the loss is due to the acts of the guest, his family,
servants or visitors,
or if the loss arises from the character of the things
brought into the hotel.

Art. 2003.
The hotel-keeper cannot free himself from responsibility
by posting notices to the effect
that he is not liable for the articles brought by the guest.

Any stipulation between the hotel-keeper and the guest


whereby the responsibility of the former as set forth in
articles 1998 to 2001
is suppressed or diminished
shall be void.
NATURE AND EXTENT OF GUARANTY and the onerous nature of the conditions.

Art. 2047.
By guaranty a person, called the guarantor, Should he have bound himself for more,
binds himself to the creditor his obligations shall be reduced
to fulfill the obligation of the principal debtor to the limits of that of the debtor.
in case the latter should fail to do so.
Art. 2055.
If a person binds himself solidarily with the principal debtor, the A guaranty is not presumed;
provisions of Section 4, Chapter 3, Title I of this Book shall be it must be express
observed. In such case the contract is called a suretyship. and cannot extend to more than what is stipulated
therein.
Art. 2048.
A guaranty is gratuitous, If it be simple or indefinite,
unless there is a stipulation to the contrary. it shall compromise not only the principal obligation,
but also all its accessories,
including the judicial costs,
Art. 2049.
A married woman may guarantee an obligation provided with respect to the latter,
without the husband's consent, that the guarantor shall only be liable for those costs
but shall not thereby bind the conjugal partnership, incurred
except in cases provided by law. after he has been judicially required to pay.

Art. 2050. Art. 2056.


If a guaranty is entered into without the knowledge or consent, or One who is obliged to furnish a guarantor
against the will of the principal debtor, the provisions of Articles shall present a person
1236 and 1237 shall apply. who possesses integrity,
capacity to bind himself,
and sufficient property to answer for the obligation which
Art. 2051. he guarantees.
A guaranty may be
conventional, The guarantor shall be subject to the jurisdiction of the
court of the place
legal or judicial,
where this obligation is to be complied with.
gratuitous, or by onerous title.

It may also be constituted,


Art. 2057.
not only in favor of the principal debtor,
If the guarantor should be convicted in first instance
but also in favor of the other guarantor,
of a crime involving dishonesty
o with the latter's consent,
or should become insolvent,
o or without his knowledge,
o or even over his objection.
the creditor may demand another
Art. 2052. who has all the qualifications required in the preceding
A guaranty cannot exist without a valid obligation. article.

Nevertheless, a guaranty may be constituted The case is excepted where the creditor
to guarantee the performance of a voidable or an has required and stipulated that a specified person
unenforceable contract. should be the guarantor.
It may also guarantee a natural obligation.
Effects of Guaranty
Art. 2053. Between the Guarantor and the Creditor
A guaranty may also be given
Art. 2058.
as security for future debts,
The guarantor cannot be compelled to pay the creditor
the amount of which is not yet known;
unless the latter has exhausted all the property of the
debtor,
there can be no claim against the guarantor until the debt
and has resorted to all the legal remedies against the
is liquidated.
debtor.

A conditional obligation may also be secured. Art. 2059.


The excussion shall not take place:
Art. 2054.
A guarantor may bind himself for less, (1) If the guarantor has expressly renounced it;
but not for more than the principal debtor,
both as regards the amount (2) If he has bound himself solidarily with the debtor;
(3) In case of insolvency of the debtor; Art. 2065.
Should there be several guarantors
(4) When he has absconded, or cannot be sued within the of only one debtor
Philippines unless he has left a manager or representative; and for the same debt,
the obligation to answer for the same is divided among all.
(5) If it may be presumed that an execution on the property of the
principal debtor would not result in the satisfaction of the The creditor cannot claim from the guarantors
obligation. except the shares which they are respectively bound to
pay,
Art. 2060.
unless solidarity has been expressly stipulated.
In order that the guarantor may make use of the benefit of
excussion,
The benefit of division against the co-guarantors ceases
he must set it up against the creditor
in the same cases
upon the latter's demand for payment from him,
and for the same reasons
and point out to the creditor available property of the
as the benefit of excussion against the principal debtor.
debtor within Philippine territory,
sufficient to cover the amount of the debt. Effects of Guaranty
Between the Debtor and the Guarantor

Art. 2066.
The guarantor who pays for a debtor must be indemnified by the
latter.
Art. 2061.
The guarantor having fulfilled all the conditions required in the The indemnity comprises:
preceding article,
the creditor who is negligent in exhausting the property (1) The total amount of the debt;
pointed out
shall suffer the loss, (2) The legal interests thereon
to the extent of said property, from the time the payment was made known to the
for the insolvency of the debtor resulting from such debtor,
negligence. even though it did not earn interest for the creditor;

Art. 2062. (3) The expenses incurred by the guarantor after having notified the
In every action by the creditor, debtor that payment had been demanded of him;
which must be against the principal debtor alone,
except in the cases mentioned in Article 2059, (4) Damages, if they are due.

the former shall ask the court Art. 2067.


to notify the guarantor of the action. The guarantor who pays
is subrogated by virtue thereof to all the rights
The guarantor may appear so that he may, if he so desire, which the creditor had against the debtor.
set up such defenses as are granted him by law.
If the guarantor has compromised with the creditor,
The benefit of excussion mentioned in Article 2058 shall he cannot demand of the debtor
always be unimpaired, more than what he has really paid.
even if judgment should be rendered against the principal
debtor and the guarantor Art. 2068.
in case of appearance by the latter. If the guarantor should pay without notifying the debtor,
the latter may enforce against him all the defenses
Art. 2063. which he could have set up against the creditor
A compromise between the creditor and the principal debtor at the time the payment was made.
benefits the guarantor
but does not prejudice him. Art. 2069.
If the debt was for a period
That which is entered into between the guarantor and the and the guarantor paid it before it became due,
creditor he cannot demand reimbursement of the debtor
benefits o until the expiration of the period
but does not prejudice the principal debtor. o unless the payment has been ratified by the
debtor.
Art. 2064.
The guarantor of a guarantor Art. 2070.
shall enjoy the benefit of excussion, If the guarantor has paid without notifying the debtor,
both with respect to the guarantor and the latter not being aware of the payment,
and to the principal debtor. repeats the payment,
the former has no remedy whatever against the debtor, in the same proportion.
but only against the creditor.
The provisions of this article shall not be applicable,
Nevertheless, in case of a gratuitous guaranty, unless the payment has been made by virtue of a judicial
if the guarantor was prevented by a fortuitous event demand
from advising the debtor of the payment, or unless the principal debtor is insolvent.
o and the creditor becomes insolvent,
o the debtor shall reimburse the guarantor for the
amount paid.
Art. 2074.
Art. 2071. In the case of the preceding article, the co-guarantors
The guarantor, even before having paid, may proceed against the may set up against the one who paid,
principal debtor: the same defenses which would have pertained to the
principal debtor against the creditor,
(1) When he is sued for the payment; and which are not purely personal to the debtor.

(2) In case of insolvency of the principal debtor; Art. 2075.


A sub-guarantor, in case of the insolvency of the guarantor for
(3) When the debtor has bound himself whom he bound himself,
to relieve him from the guaranty within a specified period, is responsible to the co-guarantors
and this period has expired; in the same terms as the guarantor.

(4) When the debt has become demandable, EXTINGUISHMENT OF GUARANTY


by reason of the expiration of the period for payment;
Art. 2076.
(5) After the lapse of ten years, The obligation of the guarantor is extinguished
when the principal obligation has no fixed period for its at the same time as that of the debtor,
maturity, and for the same causes as all other obligations.
unless it be of such nature that it cannot be extinguished
except within a period longer than ten years; Art. 2077.
If the creditor voluntarily accepts
(6) If there are reasonable grounds to fear that the principal debtor immovable or other property in payment of the debt,
intends to abscond; even if he should afterwards lose the same through
eviction,
(7) If the principal debtor is in imminent danger of becoming the guarantor is released.
insolvent.
Art. 2078.
In all these cases, the action of the guarantor is to obtain release A release made by the creditor in favor of one of the guarantors,
from the guaranty, without the consent of the others,
or to demand a security that shall protect him benefits all
from any proceedings by the creditor to the extent of the share of the guarantor
and from the danger of insolvency of the debtor. to whom it has been granted.

Art. 2072. Art. 2079.


If one, at the request of another, An extension granted to the debtor by the creditor
becomes a guarantor for the debt of a third person who is without the consent of the guarantor
not present, extinguishes the guaranty.
the guarantor who satisfies the debt
may sue either the person so requesting The mere failure on the part of the creditor to demand
or the debtor for reimbursement. payment
after the debt has become due
Effects of Guaranty as Between Co-Guarantors does not of itself constitute any extention of time
referred to herein.
Art. 2073.
When there are two or more guarantors Art. 2080.
of the same debtor The guarantors, even though they be solidary,
and for the same debt, are released from their obligation
whenever by some act of the creditor
the one among them who has paid they cannot be subrogated to the rights, mortgages, and
may demand of each of the others preference of the latter.
the share which is proportionally owing from him.
Art. 2081.
If any of the guarantors should be insolvent, The guarantor may set up against the creditor
his share shall be borne by the others, all the defenses which pertain to the principal debtor
including the payer, and are inherent in the debt;
o but not those that are personal to the debtor.

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