Civ. Code, § 2787 · Article 1. Definition of Suretyship

Civ. Code, § 2787

Verbatim from the official edition

Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)

The distinction between sureties and guarantors is hereby abolished. The terms and their derivatives, wherever used in this code or in any other statute or law of this state now in force or hereafter enacted, shall have the same meaning as defined in this section. A surety or guarantor is one who promises to answer for the debt, default, or miscarriage of another, or hypothecates property as security therefor. Guaranties of collection and continuing guaranties are forms of suretyship obligations, and except in so far as necessary in order to give effect to provisions specially relating thereto, shall be subject to all provisions of law relating to suretyships in general. A letter of credit is not a form of suretyship obligation. For purposes of this section, the term “letter of credit” means a “letter of credit” as defined in paragraph (10) of subdivision (a) of Section 5102 of the Commercial Code whether or not the engagement is governed by Division 5 (commencing with Section 5101) of the Commercial Code.

Notes and commentary — not statutory text

History

Amended by Stats. 1996, Ch. 176, Sec. 1. Effective January 1, 1997.

Source of truth

Edition: As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Official file: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=2787.
Text hash: sha256 a1fdb996e48a2599dc8fdf3aa2a07ca065c34a8060523aebe41d6ae8a3797062
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This section cites

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Commercial Code

Cited by 3 provisions

Provisions in this library whose text cites Civ. Code, § 2787. Each shows the citation as that text prints it.

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