Write notes on the following: Subrogation of Surety to the right of Creditors

CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2017
Write notes on the following: Subrogation of Surety to the right of Creditors

Answer & Explanation:

When the debt guaranteed by the surety falls due or there has been a default by principal debtor to perform a guaranteed duty and the surety has to pay money or perform the duty as stipulated in the agreement. In such situation the surety steps into the footsteps of creditor and shall be invested with all rights that are available to creditor against the principal debtor. After the payment of the debt to the creditor, the surety is subrogated to the rights of the creditor i.e., he has the same rights as those of the creditors. Therefore, he can sue the principal debtor to exercise those rights. Thus if the surety has performed his promise towards the creditor, all the rights of the principal debtor against the creditor devolve upon him.

Topics: Law of Contracts

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