1837. The surety is liable only upon the default of the debtor, who must previously be discussed, unless the surety has renounced the benefit of discussion, or has bound himself or herself jointly and severally with the debtor. In the latter case the liability of the surety is governed by the rules with respect to joint and several obligations.
1838. The creditor is not bound to discuss the principal debtor unless the surety demands it when first sued.
1839. The surety who demands the discussion must point out to the creditor the property of the principal debtor and advance the money necessary to obtain the discussion.
He or she must not indicate property situated out of Saint Lucia, nor litigious property, nor property hypothecated for the debt and no longer in the hands of the debtor.
1840. Whenever the surety has indicated property in the manner prescribed by the preceding article, and has advanced sufficient money for the discussion, the creditor is, to the extent of the value of the property indicated, responsible as regards the surety for the insolvency of the principal debtor which occurs after his or her default to proceed against him or her.
1841. When several persons become sureties of the same debtor for the same debt, each of them is bound for the whole debt.
1842. Nevertheless each of them may, unless he or she has renounced the benefit of division, require the creditor to divide his or her action and reduce it to the share and proportion of each surety.
If, at the time that one of the sureties obtained judgment of division, some of them were insolvent, such surety is proportionately liable for their insolvency ; but he or she cannot be made liable for insolvencies happening after the division.
1843. If the creditor have himself voluntarily divided his or her action, he or she can no longer recede from such division, although at the time of instituting the action some of the sureties had become insolvent.