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CC 3050 - Surety's right of reimbursement for payment of obligation not owed

Art. 3050. Surety's right of reimbursement for payment of obligation not owed

A surety who in good faith pays the creditor when the principal obligation is extinguished, or when the principal obligor had the means of defeating it, is nevertheless entitled to reimbursement from the principal obligor if the surety made a reasonable effort to notify the principal obligor that the creditor was insisting on payment or if the principal obligor was apprised that the creditor was insisting on payment.

The surety's rights against the creditor are not thereby excluded.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.

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