Article — Gury-Ballerini, Compendium of Moral Theology (8th ed., 1884)
Article I. On Suretyship
936.
- Suretyship is a contract by which someone takes upon himself the obligation of another, if the principal debtor does not pay.
937.
- Rules of suretyship. - 1. No one can be a surety unless he has free administration of goods. From Gallican law it is required besides that the surety dwell in the territory of the royal court where the suretyship must be provided (Art. 2018).
937.
- Those who cannot be obligated principally cannot be sureties: such are a ward, a minor, a Religious, a wife, at least without the consent of tutor, curator, Superior, or husband.
937.
- The surety is bound toward creditors concerning all the obligations of the debtor, but only in the latter's default, or impotence, and indeed juridically proved.
937.
- The surety who pays for the debtor is subrogated to all the rights of the creditor, and therefore has recourse against the same debtor, so that he may reclaim from him whatever he was compelled to pay in his place.
937.
- The obligation of the surety is transmitted to his heirs, because it is a real obligation, not merely a personal one. - See Cases, n. 1007.