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Article 2306 of the French Civil Code

Where several persons have stood surety for the same debt, they are each liable for the whole. Nevertheless, the one who is being sued may set up the benefit of division against the creditor. The creditor is then obliged to divide his proceedings and can only claim his share of the debt. Guarantors who are jointly and severally liable may not claim the benefit of division, nor guarantors who have…

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Article 2306-1 of the French Civil Code

The benefit of division must be invoked by the guarantor as soon as the first proceedings are brought against it. It can only be invoked between solvent guarantors. The insolvency of a guarantor on the day the division is invoked is borne by those who are solvent. The guarantor who requested the division can no longer be sued because of the insolvency of another, which occurred subsequently.

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Article 2308 of the French Civil Code

A guarantor who has paid all or part of the debt has personal recourse against the debtor both for the sums he has paid and for interest and costs. Interest accrues automatically from the date of payment. Only costs incurred after the guarantor has informed the debtor of the legal proceedings against him may be reimbursed. If the guarantor has suffered loss independent of the delay in payment of the…

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Article 2311 of the French Civil Code

The guarantor has no recourse if he paid the debt without notifying the debtor and if the debtor subsequently paid it or had the means at the time of payment to have it declared extinguished. However, the guarantor may bring an action for restitution against the creditor. .

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