EFFECTS OF GUARANTY AS BETWEEN CO-GUARANTORS

 
Art.  2073.  When  there  are  two  or  more  guarantors  of  the same  debtor  and  for  the  same  debt,  the  one  among  them who has paid may demand of each of the others the share, which is proportionally owing from him.
 
If any of the guarantors should be insolvent, his share shall be  borne  by  the  others,  including  the  payer,  in  the  same proportion.
 
The provisions of this article shall not be applicable, unless the payment has been made by virtue of a judicial demand or unless the principal debtor is insolvent. (1844a)

 

REQUISITES BEFORE THIS ARTICLE APPLIES

1.   Payment has been made by virtue of a judicial demand
2.   Or because the principal debtor is insolvent