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Subsection 2: Effects of the guarantee between the debtor and the guarantor

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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