State Act

Portuguese Civil Code, 1867

Article 838 – Guarantor’s right to recover - The surety, who was compelled to pay on account of the debtor, has right to be compensated:- 1. For the principal debt; 2. For the interest concerning the amount paid, from the date from which the payment was effected, even though interest was not accrued to the creditor; 3. For the losses and damages caused by the debtor. § Sole Paragraph: What is provided in this article shall be given effect, even when the guarantee has been offered without knowledge of the debtor; but, in such a case, the interest shall be reckoned from the time when the surety informed the debtor of the payment effected by him.