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Ruling 2335

If a person acts as guarantor for paying off someone’s debt with the debtor’s consent, he can claim the suretyship amount from him even before he has paid it. However, if he pays the creditor with a commodity that is different to the commodity owed by the debtor, he cannot claim anything that he gave from the debtor. For example, if the debtor owes 10 kilograms of wheat and the guarantor pays 10 kilograms of rice, the latter cannot claim rice from the debtor. However, if the debtor consents to rice being paid, then there is no problem.