Article 3037

Surety ostensibly bound as a principal with another; effect of knowledge of the creditor ACTIVE

One who ostensibly binds himself as a principal obligor to satisfy the present or future obligations of another is nonetheless considered a surety if the principal cause of the contract with the creditor is to guarantee performance of such obligations.

A creditor in whose favor a surety and principal obligor are bound together as principal obligors in solido may presume they are equally concerned in the matter until he clearly knows of their true relationship.

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References

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History

  • enactment Acts 1987, No. 409, §1, eff. Jan. 1, 1988

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Cite Article 3037

Bluebook
La. Civ. Code art. 3037 (2026).
Permalink
https://theusufruct.com/cc/3037
BibTeX
@misc{lacivcode-art-3037,
  title        = {La. Civ. Code art. 3037},
  howpublished = {Louisiana Civil Code},
  year         = {2026},
  url          = {https://theusufruct.com/cc/3037},
  note         = {Snapshot 2026-05-22}
}