Point I. On Suretyship

I. Notion. Suretyship is a contract by which someone, the surety, binds himself to fulfilling another's obligation if the principal debtor does not satisfy him.

II. Form. The form of the contract is to be drawn from civil law.

III. Subject. Those who can dispose of their goods and are not excluded by positive law can validly and licitly act as sureties. As regards clerics, canon 137 establishes: "A cleric is prohibited from acting as surety, even concerning his own goods, without consulting the local Ordinary"; by this precept, with attention paid to canon 592, religious also are bound.

IV. Obligations of the surety. The surety is bound to pay in default of the debtor; nevertheless regularly he cannot be sued for payment unless, after the principal debtor has been exhausted, it is clear that the latter is unable to pay. For the rest, the obligation of the surety, as being real, passes to heirs.

V. Rights of the surety. The surety, once payment has been made, acquires the rights of the creditor, and therefore has recourse against the debtor for whom he paid, and from him can recover both the principal sum and, if the debtor culpably did not pay, restitution of expenses and damages, if any have followed (St. Alphonsus, III, 912). Thus with attention paid to natural law; what civil law adds, see in the code of one's country.