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Book 2 · Law of obligations  ›  Title 20 · Suretyship › Section 772

Duty of creditor of enforcement and realisation

(1) If the suretyship applies to a monetary claim, then compulsory enforcement must be attempted against the movable things of the principal debtor at their residence and, if the principal debtor has a commercial establishment in another locality, at the latter as well, and, in the absence of a residence and a commercial establishment, at their place of abode.

(2) If the creditor has a pledge over or right of retention to a movable thing of the principal debtor, then the creditor must make efforts satisfy their claim from this thing as well. If the creditor has such a right to the thing for another claim as well, then this only applies if both claims are covered by the value of the thing.

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