You are viewing the translated version of जमानत दिने व्यक्तिको दायित्व.

Section 564
Obligation of surety

(1) Except as otherwise provided in the contract, the liability of the guarantor shall be as follows:
(a) The liability of the guarantor shall be created from the time when the person who is required to fulfill the obligation fails to fulfill such obligation,
(b) The liability of the person giving surety shall be the same as that of the person who has to pay or fulfill the obligation and the person giving surety shall remain liable until he is freed from the obligation to pay or fulfill,
(c) The liability of the guarantor shall not be terminated if the person who has to pay the debt or fulfill the obligation is freed from the obligation by operation of law.
(2) Notwithstanding anything written in sub-section (1), if both security and guarantee are given for any debt or liability, the person giving the surety shall not be liable to the extent of the security given.
(3) The contract of suretyship shall be effective on the breach by the person liable to pay or perform the obligation to the creditor and the creditor may enforce such obligation from the person giving the surety. Explanation: For the purposes of this section, “creditor” means the person giving the credit and Such a word should also mean a person who gets any benefit or gets any work done by the person who has to pay the debt or fulfill the obligation.
(4) Notwithstanding anything written in sub-section (3), the creditor shall give a notice to the debtor to comply with the terms and conditions of the contract before claiming the amount or obligation from the guarantor in accordance with the contract.