1825. Suretyship is the act by which a person engages to fulfil the obligation of another in case of its non-fulfilment by that other who is termed the principal debtor.
The person who contracts this engagement is called surety.
1826. Suretyship is either conventional, legal, or judicial. The first is the result of agreement between the parties, the second is constituted by law, and the third is ordered by judicial authority.
1827. The surety is not bound to fulfil the obligation of the debtor unless the latter fails to do so.
1828. Suretyship can only be for the fulfilment of a valid obligation. But the surety may, by special stipulation, renounce the benefit of an exception which may be pleaded by or on behalf of the principal debtor.
1829. Suretyship cannot be contracted for a greater sum nor under more onerous conditions than the principal obligation.
It may be contracted for a part only of the debt, or under conditions less onerous.
The suretyship which exceeds the debt, or is contracted under more onerous conditions, is not null; it is only reducible to the measure of the principal obligation.
1830. A person may become surety without the request and even without the knowledge of the principal debtor.
A person may become surety not only of the principal debtor but even of the surety of such debtor.
1831. Suretyship is not presumed; it must be expressed, and cannot be extended beyond the limits within which it is contracted.
1832. Indefinite suretyship extends to all the accessories of the principal obligation, even to the cost of the principal action, and to all costs subsequent to notice of such action given to the surety.
1833. The obligations of the surety pass to his or her heirs.
1834. The debtor who is bound to find a surety must offer one who has the capacity of contracting, and who has sufficient property in Saint Lucia to secure the fulfilment of the obligation.
1835. The solvency of a surety is estimated only with regard to his or her real property; except in commercial matters, or when the debt is small, and in cases otherwise provided for by some special law.
Immovables which are the subject of litigation or the title to which is not clear are not taken into account.
1836. When the surety in conventional or judicial suretyship becomes insolvent, another must be found.
This rule admits of exception in the case only in which the surety was solely given in virtue of an agreement by which the creditor has required that a certain person should be the surety.