Section II: Special provisions relating to guarantee calls.

The guarantee is simple or formal depending on whether the guarantee claimant is himself sued as personally obliged or only as the holder of property.

The plaintiff in simple warranty remains principal party.

The claimant in formal guarantee may always request, with his removal from the case, that the guarantor be substituted for him as principal party. However, the guarantor, although removed from the case as principal party, may remain in it for the preservation of his rights; the original claimant may request that he remain in it for the preservation of his.

A judgment given against the formal guarantor may, in all cases, be enforced against the guaranteed party on the sole condition that it has been notified to him.

Costs are recoverable against the guarantor only in the event of the formal guarantor’s insolvency and subject to the guarantor having remained in the case, even in an ancillary capacity.