Page:The Civil code of Japan (IA cu31924069576704).pdf/141

making a deposit, by giving security or by procuring the discharge of the surety.

If a person who has become surety without the request of the principal debtor performs the obligation or otherwise at his own expense obtains the discharge of the principal debtor from his obligation, the latter is bound to indemnify him only to the extent to which he was enriched thereby at that time.

A person who has become surety against the will of the principal debtor has a right of recourse only to the extent to which the principal debtor is presently enriched; but if the principal debtor sets up the fact that before the time of the recourse he had a right of set off against the creditor, the surety may demand against the creditor performance of the obligation which would have been extinguished by the set off.

The provisions of Art. 443 apply correspondingly to a surety.

If a surity who has become such at the request of the principal debtor has in good faith made performance or incurred other expenses for the sake of discharge, the provisions of Art. 443 apply correspondingly to the principal debtor also.

A person who has become surety for a joint debtor or for a debtor on an indivisible obligation, has a right of recourse against the other debtors only to the extent of their respective shares.