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Guarantor May Proceed Against Principal Debtor

Art. 2071. The guarantor, even before having paid, may proceed against the principal debtor:

(1) When he is sued for the payment;

(2) In case of insolvency of the principal debtor;

(3) When the debtor has bound himself to relieve him from the guaranty within a specified period, and this period has expired;

(4) When the debt has become demandable, by reason of the expiration of the period for payment;

(5) After the lapse of ten years, when the principal obligation has no fixed period for its maturity, unless it be of such nature that it cannot be extinguished except within a period longer than ten years;

(6) If there are reasonable grounds to fear that the principal debtor intends to abscond;

(7) If the principal debtor is in imminent danger of becoming insolvent.

In all these cases, the action of the guarantor is to obtain release from the guaranty, or to demand a security that shall protect him from any proceedings by the creditor and from the danger of insolvency of the debtor. (1834a)

AS A GENERAL RULE, THE GUARANTOR HAS NO CAUSE OF ACTION AGAINST THE DEBTOR UNTIL AFTER THE FORMER HAS PAID THE OBLIGATION. NONETHELESS, THE 7 AFOREMENTIONED ARE INSTANCES WHEN THE GUARANTOR CAN PROCEED AGAINST THE DEBTOR REMEDY TO WHICH GUARANTOR ENTITLED

*Alternative remedies

1. Release from the guaranty
2. Demand a security that shall protect him from any proceeding