section 844
Discharge of guarantor
The Portuguese Civil Code, 1867The surety may, even before effecting the payment, demand that the debtor should either make the payment, or exonerate him from the guarantee in the following cases: 1. If the payment is demanded from him through Court; 2. If the assets of the debtor have decreased, and there is risk of his insolvency; 3. If the debtor intends to absent himself from the kingdom; 4. If the debtor has agreed to exonerate the surety at a specified time and such time had lapsed; 5. If the debt became payable on maturity; 6. If ten years have lapsed and there was no specified time for payment of the principal liability, and the surety was given without consideration. § Sole paragraph: In the case of clause no.5, the surety may also demand that the creditor may sue the debtor, or may sue the surety himself giving to the surety the benefit of exhausting first the assets of principal debtor; and if the creditor fails to do so, the surety will not be liable in case of insolvency of the debtor.
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