Practice question
A judicial sub-surety is properly bound on a court-required bond. The obligee demands payment within its lawful scope. The sub-surety insists that both the debtor’s assets and the primary surety’s assets be exhausted first. Which rule applies?
- The sub-surety always has a stronger exhaustion right than every other surety.
- Only the debtor’s assets must be exhausted.
- Only the surety’s assets must be exhausted.
- Article 2084 prevents the judicial sub-surety from demanding exhaustion of either the debtor’s or surety’s property.
- The sub-surety is automatically released by making that demand.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 2056 and2082–2084.
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