Article 399. Subsidiary liability.
1. Before filing claims to a person who, in accordance with the law, other legal acts or the terms of the obligation, is liable in addition to the responsibility of another person who is the main debtor (subsidiary liability), the creditor must make a claim on the main debtor. If the principal debtor has refused to satisfy the creditor’s claim or the creditor has not received a response from him within a reasonable time, the claim may be submitted to the person bearing subsidiary liability. 2. The creditor shall not have the right to demand satisfaction of his claim to the principal debtor from the person bearing subsidiary liability, if this claim can be satisfied by offsetting the counterclaim to the principal debtor or unquestionably collecting funds from the principal debtor. 3. The person bearing subsidiary liability must, prior to the satisfaction of the claim made by the creditor, notify the principal debtor of this, and if such a person is sued, the main debtor should be involved in the case. Otherwise, the principal debtor has the right to put forward against the recourse claim of the subsidiary person, the objections that he had against the creditor.
References to other articles of chapter 25. Responsibility for violation of obligations: