section 838
Guarantor’s right to recover
The Portuguese Civil Code, 1867General18672540 sections
Statutory text
The surety, who was compelled to pay on account of the debtor, has right to be compensated: 1. For the principal debt; 2. For the interest concerning the amount paid, from the date from which the payment was effected, even though interest was not accrued to the creditor; 3. For the losses and damages caused by the debtor. § Sole Paragraph: What is provided in this article shall be given effect, even when the guarantee has been offered without knowledge of the debtor; but, in such a case, the interest shall be reckoned from the time when the surety informed the debtor of the payment effected by him.
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