CCQ-1991 - Civil Code of Québec

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1658. A creditor who has been only partly paid may exercise his rights with respect to the balance of his claim in preference to the person subrogated from whom he has received only part of his claim.
However, if the creditor has obligated himself to the person subrogated to guarantee payment of the amount for which the subrogation is acquired, the person subrogated has preference.
1991, c. 64, a. 1658; I.N. 2014-05-01.
1658. A creditor who has been only partly paid may exercise his rights in respect of the balance of his claim in preference to the person subrogated from whom he has received only part of his claim.
However, if the creditor has obligated himself to the person subrogated to guarantee payment of the amount for which the subrogation is acquired, the person subrogated has the preference.
1991, c. 64, a. 1658.