ARTICLE 7. Position of Sureties [2832. - 2856.]

Heading of Article 7 renumbered from Article 1 (of former Chapter 2) by Stats. 1939, Ch. 453.

§§ 2832–2856 · 13 sections

• § 2832 One who appears to be a principal, whether by the terms of a written instrument or otherwise, may show that he is in fact a surety, except as against persons…
• § 2837 In interpreting the terms of a contract of suretyship, the same rules are to be observed as in the case of other contracts. Except as provided in section 2794,…
• § 2838 Notwithstanding the recovery of judgment by a creditor against a surety, the latter still occupies the relation of surety.
• § [2839.] Section Twenty-eight Hundred and Thirty-nine. Performance of the principal obligation, or an offer of such performance, duly made as provided in this Code,…
• § 2845 A surety may require the creditor, subject to Section 996.440 of the Code of Civil Procedure, to proceed against the principal, or to pursue any other remedy…
• § 2846 A surety may compel his principal to perform the obligation when due.
• § 2847 If a surety satisfies the principal obligation, or any part thereof, whether with or without legal proceedings, the principal is bound to reimburse what he has…
• § 2848 A surety, upon satisfying the obligation of the principal, is entitled to enforce every remedy which the creditor then has against the principal to the extent…
• § 2849 A surety is entitled to the benefit of every security for the performance of the principal obligation held by the creditor, or by a co-surety at the time of…
• § 2850 Whenever property of a surety is hypothecated with property of the principal, the surety is entitled to have the property of the principal first applied to the…
• § 2854 A creditor is entitled to the benefit of everything which a surety has received from the debtor by way of security for the performance of the obligation, and…
• § 2855 An arbitration award rendered against a principal alone shall not be, be deemed to be, or be utilized as, an award against his surety. The intent of this…
• § 2856 (a) Any guarantor or other surety, including a guarantor of a note or other obligation secured by real property or an estate for years, may waive any or all of…