Page:The Civil code of Japan (IA cu31924069576704).pdf/137

If the principal debtor does not perform his obligation, the surety must perform it.

The suretyship covers interest, penalty and damages on the principal obligation and all other charges accessory to it.

A surety may stipulate that he shall be liable for a penalty of damages only in respect of his own obligation as surety.

If the liability of the surety is more onerous than the principal obligation as to its subject or its modality, it is to be reduced to the extent of the principal obligation.

If a person with knowledge of the ground of rescission becomes surety for an obligation which may be rescinded because of incapacity, he is presumed to have entered into an independent obligation having the same subject, conditioned upon the non-performance or rescission of the principal obligation.

When a debtor is bound to furnish a surety, the latter must have the following qualifications:—

1. He must be a person of full capacity;