Surety and payer
The liability as guarantor and payer is in the Austrian contract law a form of guarantee in addition to the usual guarantee and performance guarantee .
The surety and payer is liable according to § 1357 ABGB not only subsidiary ( i.e. only when the main debtor no longer fulfills his obligation) like the ordinary surety , but as an undivided co-debtor for the entire debt alongside him. The obligee can therefore choose whether he wants payment from the main debtor or the surety, while otherwise he can only rely on the surety if he has unsuccessfully warned the main debtor.
Individual evidence
- ↑ cf. The guarantee: §§ 1346 ff ABGB online textbook on civil law, Chapter 15 A IV 4, Types of guarantee , accessed on November 17, 2019
