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=S=> BGB 771 The surety may refuse to satisfy the creditor as long as the creditor has not attempted without success to obtain execution of judgment against the principal debtor ( defence of unexhausted remedies ) . If the surety raises the defence of unexhausted remedies , the limitation of the claim of the creditor against the surety is suspended until the creditor has attempted without success to obtain execution of judgment against the principal debtor .
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