Explanation of Article 596
The article addresses the relationship between guarantors when there are multiple guarantors.
The multiplicity of guarantors in a guarantee does not escape two scenarios:
The first scenario: The guaranteed debt is divided among them; in this case, none of them is required to pay a share, and thus none has recourse against the other under the guarantee contract.
The second scenario: The debt is not divided among them, allowing the creditor to demand any or all of them for the entire debt due to their solidarity. This article clarifies that when a guarantor is required to pay the entire debt, if he pays it, he has the right to seek recourse from each of the other guarantors for their share of the debt and their portion of the insolvent's share.
This is also the ruling if the guarantors are jointly liable as specified in Article (595), even if they are not jointly liable; because they are like jointly liable guarantors in that the creditor can demand any of them for the entire debt, the one who pays the debt among them can seek recourse from the other guarantors, each according to his share and his portion of the insolvent's share.
There are two conditions for the guarantor who pays the debt to seek recourse from the other guarantors:
The first condition: He must have paid the entire debt. If he only pays his share of the debt, he cannot seek anything from them. If he pays more than his share without paying the entire debt, he can seek recourse for the excess over his share from the other guarantors, each according to his share of the debt.
The second condition: This payment must discharge the other guarantors' liability; if the creditor has discharged one of the guarantors, the guarantor who paid the debt cannot seek recourse from the discharged guarantor.
The guarantor's recourse against the other guarantors may be through a personal claim or a subrogation claim as previously mentioned in Article (234).
Related To
Article 596
If one of the co-sureties pays the debt, said surety shall have the right of recourse against the other sureties for the respective share of each one of them in the debt and in the share of any insolvent surety.