2009 California Civil Code - Section 2799-2802 :: Article 3. Interpretation Of Suretyship

SECTION 2799-2802

2799.  In an assumption of liability as surety in connection with a
contract, the terms of which are not then settled, it is implied that
its terms shall be such as will not expose the surety to greater
risks than he would incur under those terms which are most common in
similar contracts at the place where the principal contract is to be

2800.  A guaranty to the effect that an obligation is good, or is
collectible, imports that the debtor is solvent, and that the demand
is collectible by the usual legal proceedings, if taken with
reasonable diligence.

2801.  A guaranty, such as is mentioned in the last section, is not
discharged by an omission to take proceedings upon the principal
debt, or upon any collateral security for its payment, if no part of
the debt could have been collected thereby.

2802.  In the cases mentioned in Section 2800, the removal of the
principal from the State, leaving no property therein from which the
obligation might be satisfied, is equivalent to the insolvency of the
principal in its effect upon the rights and obligations of the

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