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the principal debtor he has performed or otherwise has extinguished the obligation at his own expense, has a right of recourse against the principal debtor.

The provisions of Art. 442, 2 apply correspondingly to the foregoing case.

460.

A surety who has become such at the request of the principal debtor may exercise beforehand his right of recourse against the principal debtor in the following cases:—

  1. If the principal debtor has been adjudged bankrupt, and the creditor does not intervene in the distribution of his assets;
  2. After the obligation has become due; if, however, since the making of the contract of suretyship the creditor has given time to the principal debtor, that cannot be set up against the surety;
  3. When the time of performance of the obligation is uncertain, and even the maximum time cannot be known, after ten years have elapsed from the making of the contract of suretyship.

461.

A principal debtor who has according to the provisions of the preceding two articles indemnified the surety, may, so long as the creditor has not received full performance, require the surety to give him security or to procure his discharge from the obligation.

In the foregoing cases the principal debtor may free himself from his obligation to indemnify the surety by

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