1844. The surety, who has bound himself or herself with the consent of the debtor, may recover from him or her all that he or she has paid for him or her in principal, interest and costs, together with the costs incurred against him or her and those legally incurred by him or her in notifying the debtor and subsequently to such notification. He or she has also a claim for damages, if there be ground for it.
1845. The surety, who has bound himself or herself without the consent of the debtor, has no remedy for what he or she has paid beyond what the debtor would have been obliged to pay had the suretyship not been entered into, saving the costs subsequent to the notice of payment by the surety, which are borne by the debtor.
The surety has also his or her recourse for the damages for which the debtor would have been liable in the absence of such suretyship.
1846. The surety who has paid the debt is subrogated in all the rights which the creditor had against the debtor.
1847. When there are several principal debtors jointly and severally bound to the same obligation, the surety who has become answerable for all of them, has his or her remedy against each of them for the recovery of all that he or she has paid.
1848. The surety who has paid first has no remedy against the principal debtor who has paid a second time without being notified of the first payment; but has a right to recover from the creditor.
When the surety has paid before being sued and has not notified the principal debtor, he or she loses his or her remedy against such debtor if, at the time of the payment, the latter had the means of having the debt declared extinct; he or she has however a right to recover from the creditor.
1849. The surety who has bound himself or herself with the consent of the debtor may, even before paying, proceed against the latter to be indemnified:
1. When he or she is sued for the payment;
2. When the debtor becomes bankrupt or insolvent;
3. When the debtor has bound himself or herself to effect the discharge of the surety within a certain time;
4. When the debt becomes payable by the expiration of the stipulated term, the remedy of the surety in this case being independent of any delay given by the creditor to the debtor without the consent of the surety;
5. After 10 years, when the term of the principal obligation is not fixed, unless the principal obligation, such as that of a tutor, is of a nature not to be discharged before a determinate period.
1850. The rule contained in the last paragraph of the preceding article does not apply to sureties given by public officers, or other employees, in order to secure the fulfilment of the duties of their office. Such sureties have a right at all times to free themselves from future liability under their suretyship by giving 3 months' notice in the absence of special agreement to the contrary.
This rule however does not exclude liability in respect of a defalcation that has taken place before the expiration of the 3 months, though it be not discovered within that time.