2009 California Civil Code - Section 2787-2788 :: Article 1. Definition Of Suretyship

SECTION 2787-2788

2787.  The distinction between sureties and guarantors is hereby
abolished. The terms and their derivatives, wherever used in this
code or in any other statute or law of this state now in force or
hereafter enacted, shall have the same meaning as defined in this
section. A surety or guarantor is one who promises to answer for the
debt, default, or miscarriage of another, or hypothecates property as
security therefor. Guaranties of collection and continuing
guaranties are forms of suretyship obligations, and except in so far
as necessary in order to give effect to provisions specially relating
thereto, shall be subject to all provisions of law relating to
suretyships in general. A letter of credit is not a form of
suretyship obligation. For purposes of this section, the term "letter
of credit" means a "letter of credit" as defined in paragraph (10)
of subdivision (a) of Section 5102 of the Commercial Code whether or
not the engagement is governed by Division 5 (commencing with Section
5101) of the Commercial Code.

2788.  A person may become surety even without the knowledge or
consent of the principal.

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