Usufruct
Article 3053

Surety's right to require security ACTIVE

A surety, before making payment, may demand security from the principal obligor to guarantee his reimbursement when:

(1) The surety is sued by the creditor;

(2) The principal obligor is insolvent, unless the principal obligation is such that its performance does not require his solvency;

(3) The principal obligor fails to perform an act promised in return for the suretyship; or

(4) The principal obligation is due or would be due but for an extension of its term not consented to by the surety.

The principal obligor may refuse to give security if the principal obligation is extinguished or if he has a defense against it.

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JSON Markdown Source (legis.la.gov)

References

None.

Cited by

None.

History

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

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Cite Article 3053

Bluebook
La. Civ. Code art. 3053 (2026).
Permalink
https://theusufruct.com/cc/3053
BibTeX
@misc{lacivcode-art-3053,
  title        = {La. Civ. Code art. 3053},
  howpublished = {Louisiana Civil Code},
  year         = {2026},
  url          = {https://theusufruct.com/cc/3053},
  note         = {Snapshot 2026-05-22}
}