TITLE XII 1.

Judicial- attachment or
DEPOSIT seizure of the property is
ordered;
CHAPTER 1 2. Extrajudicial-
Deposit in General and its a. Voluntary- made by the
Different Kinds will of the depositor.
b. Necessary-
Article 1962. A deposit is i. Made in
constituted from the moment a compliance with a
person receives a thing legal obligation;
belonging to another, with the ii. On the occasion of
obligation of safely keeping it a calamity;
and of returning the same. If the iii. Made by travellers
safekeeping of the thing in hotels or inns;
delivered is not the principal iv. Made by travellers
purpose of the contract, there is with common
no deposit but some other carrier.
contract. (1758a)
Characteristics of the Contract of
Contract of Deposit perfected: Deposit:

A deposit being a real contract is 1. Real contract;

deposited by delivery but an
agreement to constitute a deposit is
merely consensual, and being
binding upon mere consent.
When can the object of deposit be
used?
1. With the express permission
of the depositor;
2. When the preservation of the
thing deposited requires its
use, it must but only for that
purpose.
Kinds of Deposit:
2. Principal purpose is
safekeeping of the thing;
3. Depositary cannot use the
thing deposited except in the
two instances
aforementioned;
4. Only movable things be the
object;
5. It is a gratuitous contract
except when there is an
agreement to the contrary;
6. It is either unilateral or
bilateral.
Article 1963. An agreement to
constitute a deposit is binding,
but the deposit itself is not
perfected until the delivery of
the thing. (n)

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The agreement is however binding. 1. Contrary agreement;
2. Depositary is engaged in the
Article 1964. A deposit may be business of storing goods.
constituted judicially or
extrajudicially. (1759) Compensation; current rates in the
place where the deposit is
Distinctions between judicial and constituted.
extrajudicial:
Article 1966. Only movable
EXTRAJUDICIAL JUDICIAL things may be the object of a
deposit. (1761)
Origin:
-will of the parties - will of the Deposit, attachment and
court sequestration of real properties may
Status: be by annotation of lis pendens to
-there is contract - no contract the Register of property.
Purpose:
-custody and - to guarantee Article 1967. An extrajudicial
safekeeping the right of the deposit is either voluntary or
plaintiff necessary. (1762)
Cause:
-Gratuitous -Onerous Voluntary- there is mutual consent;
Subject matter:
-always movable -movable or Necessary-made because of
immovable calamity.
In whose behalf it is held:
- Depositor -Winner of the
suit CHAPTER 2
Voluntary Deposit
Article 1965. A deposit is a
gratuitous contract, except when SECTION 1
there is an agreement to the General Provisions
contrary, or unless the
depositary is engaged in the
business of storing goods.
(1760a)

General rule: Deposit is gratuitous

Exceptions:

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Article 1968. A voluntary deposit
is that wherein the delivery is
made by the will of the
depositor. A deposit may also be
made by two or more persons
each of whom believes 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. (1763)
Voluntary deposit- delivery of the
object is made by the will of the
parties.
Note: Depositor need not to prove his
ownership of the thing deposited.
Article 1969. A contract of
deposit may be entered into
orally or in writing. (n)
Form of contract of deposit:
1. Oral;
2. Written
Article 1970. If a person having
capacity to contract accepts a
deposit made by one who is
incapacitated, the former shall
be subject to all the obligations
of a depositary, and may be
compelled to return the thing by
the guardian, or administrator,
of the person who made the
deposit, or by the latter himself
if he should acquire capacity.
(1764)
Note: As long as the depositor is
insane, he cannot compel the return
of the thing. He must act through his
guardian or administrator.
The contract under this is voidable.
Article 1971. If the deposit has
been made by a capacitated
person with another who is not,
the depositor shall only have an
action to recover the thing
deposited while it is still in the
possession of the depositary, or
to compel the latter to pay him
the amount by which he may
have enriched or benefited
himself with the thing or its
price. However, if a third person
who acquired the thing acted in
bad faith, the depositor may
bring an action against him for
its recovery. (1765a)
Remedy of the depositor where the
thing is still in the possession of the
insane:
Action for Replevin- to
recover or vindicate a thing.
The contract under this is voidable.
SECTION 2
Obligations of the Depositary
Article 1972. The depositary is
obliged to keep the thing safely
and to return it, when required,
to the depositor, or to his heirs
and successors, or to the person
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who may have been designated
in the contract. His
responsibility, with regard to the
safekeeping and the loss of the
thing, shall be governed by the
provisions of Title I of this Book.
If the deposit is gratuitous, this
fact shall be taken into account
in determining the degree of
care that the depositary must
observe. (1766a)
Principal obligations of the
Depositary:
1. Safekeeping;
2. Return the thing when
required.
Duty of safekeeping;
1. Diligence of a Good father of
family is required;
2. Responsible if the loss is
through his fault.
Article 1973. Unless there is a
stipulation to the contrary, the
depositary cannot deposit the
thing with a third person. If
deposit with a third person is
allowed, the depositary is liable
for the loss if he deposited the
thing with a person who is
manifestly careless or unfit. The
depositary is responsible for the
negligence of his employees. (n)
General rule: Deposit with a third
person is not allowed.
Exceptions: When there is a
stipulation to the contrary.
Article 1974. The depositary may
change the way of the deposit if
under the circumstances he may
reasonably presume that the
depositor would consent to the
change if he knew of the facts of
the situation. However, before
the depositary may make such
change, he shall notify the
depositor thereof and wait for
his decision, unless delay would
cause danger. (n)
Depositary may change the way of
the deposit, but must notify the
depositor and wait for his decision.
Exception: Delay would cause
danger.
Article 1975. The depositary
holding certificates, bonds,
securities or instruments which
earn interest shall be bound to
collect the latter when it
becomes due, and to take such
steps as may be necessary in
order that the securities may
preserve their value and the
rights corresponding to them
according to law.
The above provision shall not
apply to contracts for the rent of
safety deposit boxes. (n)
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Duty of the depositary to collect
interest includes the capital when
due and to return whatever collected
to the depositor.
Article 1976. Unless there is a
stipulation to the contrary, the
depositary may commingle grain
or other articles of the same
kind and quality, in which case
the various depositors shall own
or have a proportionate interest
in the mass. (n)
Reason: as soon as the goods are
intermingled, each person’s portion
lose its identity and can no longer be
distinguished or separated from the
common mass,
Article 1977. The depositary
cannot make use of the thing
deposited without the express
permission of the depositor.
Otherwise, he shall be liable for
damages.
However, when the preservation
of the thing deposited requires
its use, it must be used but only
for that purpose. (1767a)
Two instance when the thing can be
used:
1. With the express permission
of the depositor;
2. When the preservation of the
thing deposited requires its
use, it must but only for that
purpose.
Article 1978. When the
depositary has permission to use
the thing deposited, the contract
loses the concept of a deposit
and becomes a loan or
commodatum, except where
safekeeping is still the principal
purpose of the contract.
The permission shall not be
presumed, and its existence
must be proved. (1768a)
Irregular deposit:
- Something consumable is the
subject of the deposit which
can be used.
Deposit of Money is really a Loan:
1. When the money is
authorized to be used by the
depositary;
2. When there is an interest
offered as compensation for
the use of the money.
Note: Things received on deposit do
not prescribe.
Article 1979. The depositary is
liable for the loss of the thing
through a fortuitous event:
(1) If it is so stipulated;
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 (2) If he uses the thing
without the depositor's
permission;
(3) If he delays its return;
(4) If he allows others to
use it, even though he
himself may have been
authorized to use the
same. (n)
Generally, depositary is not liable for
fortuitous events, except
aforementioned.
Article 1980. Fixed, savings, and
current deposits of money in
banks and similar institutions
shall be governed by the
provisions concerning simple
loan. (n)
Article 1981. When the thing
deposited is delivered closed
and sealed, the depositary must
return it in the same condition,
and he shall be liable for
damages should the seal or lock
be broken through his fault.
Fault on the part of the
depositary is presumed, unless
there is proof to the contrary.
As regards the value of the thing
deposited, the statement of the
depositor shall be accepted,
when the forcible opening is
imputable to the depositary,
should there be no proof to the
contrary. However, the courts
may pass upon the credibility of
the depositor with respect to the
value claimed by him.
When the seal or lock is broken,
with or without the depositary's
fault, he shall keep the secret of
the deposit. (1769a)
When is a depository presumed to be
authorized to open a locked box:
the 1. When the key has been
delivered to him;
2. When the instructions of the
depositor cannot be executed
without opening the box or
receptacle.
Note: If the sealed deposit is lost, the
liability or value shall depend on the
statement of the depositor, subject
to judicial scrutiny.
Article 1982. When it becomes
necessary to open a locked box
or receptacle, the depositary is
presumed authorized to do so, if
the key has been delivered to
him; or when the instructions of
the depositor as regards the
deposit cannot be executed
without opening the box or
receptacle. (n)
Article 1983. The thing
deposited shall be returned with
all its products, accessories and
accessions.
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Should the deposit consist of
money, the provisions relative to
agents in article 1896 shall be
applied to the depositary. (1770)
Self- explanatory.
Article 1984. The depositary
cannot demand that the
depositor prove his ownership of
the thing deposited.
Nevertheless, should he discover
that the thing has been stolen
and who its true owner is, he
must advise the latter of the
deposit.
If the owner, in spite of such
information, does not claim it
within the period of one month,
the depositary shall be relieved
of all responsibility by returning
the thing deposited to the
depositor.
If the depositary has reasonable
grounds to believe that the thing
has not been lawfully acquired
by the depositor, the former may
return the same. (1771a)
Duty of the depositary when the
thing has been stolen:
- If he knows of such fact,
advise the true owner of the
deposit.
- May return the same to the
depositor if has reasonable
grounds to believe that the
thing has not been lawfully
acquired by the latter.
Article 1985. When there are two
or more depositors, if they are
not solidary, and the thing
admits of division, each one
cannot demand more than his
share.
When there is solidarity or the
thing does not admit of division,
the provisions of articles 1212
and 1214 shall govern. However,
if there is a stipulation that the
thing should be returned to one
of the depositors, the depositary
shall return it only to the person
designated. (1772a)
Article 1212:
A party can do something to
the benefit of the other.
Article 1214:
The thing can be returned to
any them.
Article 1986. If the depositor
should lose his capacity to
contract after having made the
deposit, the thing cannot be
returned except to the persons
who may have the
administration of his property
and rights. (1773)
Note: If the depositor returns to a
depositor who is NOW insane, the
depositary is discharged from his
obligation if:
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 1. If the insane depositor has to the return or the removal of
kept the thing delivered: the thing deposited. In these
2. Delivery has been beneficial cases, the depositary must
to such insane depositor. immediately inform the
depositor of the attachment or
Article 1987. If at the time the opposition. (1775)
deposit was made a place was
designated for the return of the Note: When no fixed period for the
thing, the depositary must take return, withdrawal can be made at
the thing deposited to such any time without necessity of a
place; but the expenses for judicial order.
transportation shall be borne by
the depositor. Exceptions:

If no place has been designated 1. When the thing is judicially

for the return, it shall be made attached while in the
where the thing deposited may depositary’s possession.
be, even if it should not be the 2. When the depositary was
same place where the deposit notified of the opposition of a
was made, provided that there third person to the return or
was no malice on the part of the removal of the thing
depositary. (1774) deposited.

Rule as to place of return: Note: Should the depositary return

the thing despite the attachment or
1. Place designated; the opposition, he is responsible for
2. If no place designated, where damages.
the thing deposited may be.
Article 1989. Unless the deposit
Article 1988. The thing is for a valuable consideration,
deposited must be returned to the depositary who may have
the depositor upon demand, justifiable reasons for not
even though a specified period keeping the thing deposited
or time for such return may have may, even before the time
been fixed. designated, return it to the
depositor; and if the latter
This provision shall not apply should refuse to receive it, the
when the thing is judicially depositary may secure its
attached while in the consignation from the court.
depositary's possession, or (1776a)
should he have been notified of
the opposition of a third person
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Consignation- act of depositing the
things due at the disposal of judicial
authority.
Justifiable reason for return:
1. Serious danger to property;
2. Unbearably long time of
deposit.
Note: If the deposit is made with
compensation, the return must be
done with proportional reduction in
the compensation.
Article 1990. If the depositary by
force majeure or government
order loses the thing and
receives money or another thing
in its place, he shall deliver the
sum or other thing to the
depositor. (1777a)
Duty of the depositary:
1. Return the sum or proceed to
the depositor.
Article 1991. The depositary's
heir who in good faith may have
sold the thing which he did not
know was deposited, shall only
be bound to return the price he
may have received or to assign
his right of action against the
buyer in case the price has not
been paid him. (1778)
Duty of the heir;
If in good faith:
1. to return the price he may
have received;
2. to assign his right of action
against the buyer in case the
price has not been paid him.
If in bad faith:
1. With damges.
SECTION 3
Obligations of the Depositor
Article 1992. If the deposit is
gratuitous, the depositor is
obliged to reimburse the
depositary for the expenses he
may have incurred for the
preservation of the thing
deposited. (1779a)
Right to Reimbursement
1. Duty to reimburse necessary
expenses for preservation, if
the deposit is onerous.
Article 1993. The depositor shall
reimburse the depositary for any
loss arising from the character of
the thing deposited, unless at
the time of the constitution of
the deposit the former was not
aware of, or was not expected to
know the dangerous character of
the thing, or unless he notified
the depositary of the same, or
the latter was aware of it
without advice from the
depositor. (n)
General rule:
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 If the depositary suffers (1) Upon the loss or
because of the character of the thing destruction of the thing
deposited, the depositor should be deposited;
responsible for the loss sustained by
the depositary. (2) In case of a gratuitous
deposit, upon the death of
Exceptions: either the depositor or the
depositary. (n)
1. If at the time the deposit was
made, the depositor was not
aware of, or was not expected Effect of death:
to know the dangerous 1. If onerous, it is extinguished
character of the thing. but the thing must be
2. If at the time the deposit was returned.
made, the depositor knew of 2. If gratuitous, it is not
the danger BUT he notifies extinguished, unless
the depositary of the same. terminated by the heirs of
3. If at the time the deposit was depositor.
made, the depositary was
aware of the danger, even Note: Death here refers to the death
though he had not been of either the depositor or depoditary.
notified by the depositor.
CHAPTER 3
Article 1994. The depositary may Necessary Deposit
retain the thing in pledge until
the full payment of what may be Article 1996. A deposit is
due him by reason of the necessary:
deposit. (1780)
(1) When it is made in
Right of Retention compliance with a legal
obligation;
- If the depositor has not yet
paid the depositary of the (2) When it takes place on
necessary expenses incurred the occasion of any
for preservation. calamity, such as fire,
storm, flood, pillage,
Article 1995. A deposit its shipwreck, or other similar
extinguished: events. (1781a)

Article 1997. The deposit

referred to in No. 1 of the

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preceding article shall be
governed by the provisions of
the law establishing it, and in
case of its deficiency, by the
rules on voluntary deposit.
The deposit mentioned in No. 2
of the preceding article shall be
regulated by the provisions
concerning voluntary deposit
and by article 2168. (1782)
Article 1998. The deposit of
effects made by travellers in
hotels or inns shall also be
regarded as necessary. The
keepers of hotels or inns shall be
responsible for them as
depositaries, provided that
notice was given to them, or to
their employees, of the effects
brought by the guests and that,
on the part of the latter, they
take the precautions which said
hotel-keepers or their
substitutes advised relative to
the care and vigilance of their
effects. (1783)
Article 1999. The hotel-keeper is
liable for the vehicles, animals
and articles which have been
introduced or placed in the
annexes of the hotel. (n)
Article 2000. The responsibility
referred to in the two preceding
articles shall include the loss of,
or injury to the personal
property of the guests caused by
the servants or employees of the
keepers of hotels or inns as well
as strangers; but not that which
may proceed from any force
majeure. 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.
(1784a)
Article 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. (n)
Article 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. (n)
Article 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. (n)
Article 2004. The hotel-keeper
has a right to retain the things
brought into the hotel by the
guest, as a security for credits
on account of lodging, and
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supplies usually furnished to TITLE XV
hotel guests. (n) GUARANTY

CHAPTER 4
Sequestration or Judicial Deposit
Article 2005. A judicial deposit or
sequestration takes place when
an attachment or seizure of
property in litigation is ordered.
(1785)
CHAPTER 1
Nature and Extent of Guaranty
Article 2047. By guaranty a
person, called the guarantor,
binds himself to the creditor to
fulfill the obligation of the
principal debtor in case the
latter should fail to do so.

Article 2006. Movable as well as If a person binds himself

immovable property may be the
object of sequestration. (1786)
Article 2007. The depositary of
property or objects sequestrated
cannot be relieved of his
responsibility until the
controversy which gave rise
thereto has come to an end,
unless the court so orders.
(1787a)
Article 2008. The depositary of
property sequestrated is bound
to comply, with respect to the
same, with all the obligations of
a good father of a family. (1788)
solidarily with the principal
debtor, the provisions of Section
4, Chapter 3, Title I of this Book
shall be observed. In such case
the contract is called a
suretyship. (1822a)
Article 2048. A guaranty is
gratuitous, unless there is a
stipulation to the contrary. (n)
Article 2049. A married woman
may guarantee an obligation
without the husband's consent,
but shall not thereby bind the
conjugal partnership, except in
cases provided by law. (n)

Article 2009. As to matters not Article 2050. If a guaranty is

provided for in this Code, judicial entered into without the
sequestration shall be governed knowledge or consent, or against
by the Rules of Court. (1789a) the will of the principal debtor,
the provisions of articles 1236
and 1237 shall apply. (n)

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Article 2051. A guaranty may be
conventional, legal or judicial,
gratuitous, or by onerous title.
It may also be constituted, not
only in favor of the principal
debtor, but also in favor of the
other guarantor, with the latter's
consent, or without his
knowledge, or even over his
objection. (1823)
Article 2052. A guaranty cannot
exist without a valid obligation.
Nevertheless, a guaranty may be
constituted to guarantee the
performance of a voidable or an
unenforceable contract. It may
also guarantee a natural
obligation. (1824a)
Article 2053. A guaranty may
also be given as security for
future debts, the amount of
which is not yet known; there
can be no claim against the
guarantor until the debt is
liquidated. A conditional
obligation may also be secured.
(1825a)
Article 2054. A guarantor may
bind himself for less, but not for
more than the principal debtor,
both as regards the amount and
the onerous nature of the
conditions.
Should he have bound himself
for more, his obligations shall be
reduced to the limits of that of
the debtor. (1826)
Article 2055. A guaranty is not
presumed; it must be express
and cannot extend to more than
what is stipulated therein.
If it be simple or indefinite, it
shall compromise not only the
principal obligation, but also all
its accessories, including the
judicial costs, provided with
respect to the latter, that the
guarantor shall only be liable for
those costs incurred after he has
been judicially required to pay.
(1827a)
Article 2056. One who is obliged
to furnish a guarantor shall
present a person who possesses
integrity, capacity to bind
himself, and sufficient property
to answer for the obligation
which he guarantees. The
guarantor shall be subject to the
jurisdiction of the court of the
place where this obligation is to
be complied with. (1828a)
Article 2057. If the guarantor
should be convicted in first
instance of a crime involving
dishonesty or should become
insolvent, the creditor may
demand another who has all the
qualifications required in the
preceding article. The case is
excepted where the creditor has
required and stipulated that a
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specified person should be the
guarantor. (1829a)
CHAPTER 2 debtor would not result in
Effects of Guaranty
SECTION 1 it up against the creditor upon
Effects of Guaranty Between the
Guarantor and the Creditor
Article 2058. The guarantor
cannot be compelled to pay the
creditor unless the latter has
exhausted all the property of the
debtor, and has resorted to all
the legal remedies against the
debtor. (1830a)
Article 2059. The excussion shall
not take place:
(1) If the guarantor has
expressly renounced it;
(2) If he has bound himself
solidarily with the debtor;
(3) In case of insolvency of
the debtor;
(4) When he has
absconded, or cannot be
sued within the
Philippines unless he has
left a manager or
representative;
(5) If it may be presumed
that an execution on the
property of the principal
the satisfaction of the
obligation. (1831a)
Article 2060. In order that the
guarantor may make use of the
benefit of exclusion, he must set
the latter's demand for payment
from him, and point out to the
creditor available property of the
debtor within Philippine
territory, sufficient to cover the
amount of the debt. (1832)
Article 2061. The guarantor
having fulfilled all the conditions
required in the preceding article,
the creditor who is negligent in
exhausting the property pointed
out shall suffer the loss, to the
extent of said property, for the
insolvency of the debtor
resulting from such negligence.
(1833a)
Article 2062. In every action by
the creditor, which must be
against the principal debtor
alone, except in the cases
mentioned in article 2059, the
former shall ask the court to
notify the guarantor of the
action. The guarantor may
appear so that he may, if he so
desire, set up such defenses as
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are granted him by law. The
benefit of excussion mentioned
in article 2058 shall always be
unimpaired, even if judgment
should be rendered against the
principal debtor and the
guarantor in case of appearance
by the latter. (1834a)
Article 2063. A compromise
between the creditor and the
principal debtor benefits the
guarantor but does not prejudice
him. That which is entered into
between the guarantor and the
creditor benefits but does not
prejudice the principal debtor.
(1835a)
Article 2064. The guarantor of a
guarantor shall enjoy the benefit
of excussion, both with respect
to the guarantor and to the
principal debtor. (1836)
Article 2065. Should there be
several guarantors of only one
debtor and for the same debt,
the obligation to answer for the
same is divided among all. The
creditor cannot claim from the
guarantors except the shares
which they are respectively
bound to pay, unless solidarity
has been expressly stipulated.
The benefit of division against
the co-guarantors ceases in the
same cases and for the same
reasons as the benefit of
excussion against the principal
debtor. (1837)
SECTION 2
Effects of Guaranty Between the
Debtor and the Guarantor
Article 2066. The guarantor who
pays for a debtor must be
indemnified by the latter.
The indemnity comprises:
(1) The total amount of
the debt;
(2) The legal interests
thereon from the time the
payment was made known
to the debtor, even
though it did not earn
interest for the creditor;
(3) The expenses incurred
by the guarantor after
having notified the debtor
that payment had been
demanded of him;
(4) Damages, if they are
due. (1838a)
Article 2067. The guarantor who
pays is subrogated by virtue
thereof to all the rights which
the creditor had against the
debtor.
If the guarantor has
compromised with the creditor,
he cannot demand of the debtor
15 | P a g e
more than what he has really
paid. (1839)
Article 2068. If the guarantor
should pay without notifying the
debtor, the latter may enforce
against him all the defenses
which he could have set up
against the creditor at the time
the payment was made. (1840)
Article 2069. If the debt was for
a period and the guarantor paid
it before it became due, he
cannot demand reimbursement
of the debtor until the expiration
of the period unless the payment
has been ratified by the debtor.
(1841a)
Article 2070. If the guarantor
has paid without notifying the
debtor, and the latter not being
aware of the payment, repeats
the payment, the former has no
remedy whatever against the
debtor, but only against the
creditor. Nevertheless, in case of
a gratuitous guaranty, if the
guarantor was prevented by a
fortuitous event from advising
the debtor of the payment, and
the creditor becomes insolvent,
the debtor shall reimburse the
guarantor for the amount paid.
(1842a)
Article 2071. The guarantor,
even before having paid, may
proceed against the principal
debtor:
(1) When he is sued for
the payment;
(2) In case of insolvency of
the principal debtor;
(3) When the debtor has
bound himself to relieve
him from the guaranty
within a specified period,
and this period has
expired;
(4) When the debt has
become demandable, by
reason of the expiration of
the period for payment;
(5) After the lapse of ten
years, when the principal
obligation has no fixed
period for its maturity,
unless it be of such nature
that it cannot be
extinguished except
within a period longer
than ten years;
(6) If there are reasonable
grounds to fear that the
principal debtor intends to
abscond;
(7) If the principal debtor
is in imminent danger of
becoming insolvent.
In all these cases, the action of
the guarantor is to obtain
release from the guaranty, or to
demand a security that shall
16 | P a g e
protect him from any
proceedings by the creditor and
from the danger of insolvency of
the debtor. (1834a)

Article 2072. If one, at the

request of another, becomes a
guarantor for the debt of a third
person who is not present, the
guarantor who satisfies the debt
may sue either the person so
requesting or the debtor for
reimbursement. (n)

SECTION 3.

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