Revised Laws of Saint Lucia (2021)

CHAPTER THIRD
THE EXTINCTION OF SURETYSHIP

  1.  

    1852.   The causes which extinguish other obligations extinguish suretyship.

  1.  

    1853.   The confusion which takes place in the person of the principal debtor or of his or her surety when one of them becomes heir of the other, does not destroy the action of the creditor against the surety of such surety.

  1.  

    1854.   The surety may set up against the creditor all the exceptions which belong to the principal debtor and are inherent to the debt. He or she may even set up those which are purely personal to the debtor-such as minority, coverture, or interdiction, if known to the creditor and not expressly renounced.

  1.  

    1855.   The suretyship is at an end when by the act of the creditor the surety can no longer be subrogated in the rights, hypothecs and privileges of such creditor.

  1.  

    1856.   When the creditor voluntarily accepts an immovable or anything whatever in payment of the principal debt, the surety is discharged, though the creditor should afterwards be evicted from such thing.

  1.  

    1857.   The surety who has become bound with the consent of the debtor is not discharged by the delay given to the debtor by the creditor. He or she may in the case of such delay sue the debtor for immediate payment.