Legal regime and effects of payment on coguarantee. the right to reimbursement between coguarantor

Abstract

In the surety contract, the creditor of the main obligation and the guarantor normally participe, it being posible that the latter position is assumed by several people (coguarantee); constituing the general rule in its configuration the mancomunity for which they only respond for the quota assumed in relation to the totl amount of the debt, without prejudice to expressly agreeing the solidarity between the co-contributors, and with the amin debtor. Before a creditor claim to any of it for more tan what they have been obbligad to, they may oppose the benefit of división and before the payment or compliance by any of the con-contributors, exercise the action for reimbursement between con-contributors provided for in article 1844 of the Code Civil, as well as the possibility of filing reimbursement and subrogatiopn actions aganist the main debtor. This study is going to focus on the legal regime of the coguarantee, in the exercise of the benefit of división and in the action of reimbursemente betwenn coguarantor.