Short answer. Not immediately. Article 2069 of the Civil Code says that when a guarantor pays before the debt is due, reimbursement cannot be demanded until the original due date arrives — unless the debtor has specifically agreed to ratify the early payment.
What the law says
If the debt was for a period and the guarantor paid it before it became due, he cannot demand reimbursement of the debtor until the expiration of the period unless the payment has been ratified by the debtor.
Civil Code, Article 2069 — Premature Payment by the Guarantor. Read the full provision →
Early payment does not create an early right to collect
Paying a guaranteed debt ahead of schedule might seem like a generous act that entitles you to prompt reimbursement. Article 2069 of the Civil Code says otherwise. When a debt has a set due date and you pay it before that date, your right to demand reimbursement from the debtor does not arise until the original due date passes. The debtor had a term — a period within which payment was not yet required — and the law respects that term even when a third party has already settled the creditor.
Why the law makes you wait
The rule protects the debtor. When a debt is not yet due, the debtor may have plans: funds expected to arrive, property to be sold, a transaction in the pipeline. You stepping in early and paying the creditor does not give you the right to disrupt those plans by demanding immediate reimbursement before the debtor's time was even up. The law treats your premature payment as your choice — one the debtor did not necessarily ask for — and it does not force the debtor to accelerate their repayment obligations because of your decision.
The exception: when the debtor ratifies the early payment
Article 2069 provides a way out of the waiting period. If the debtor ratifies — expressly confirms and approves — your early payment, the ordinary due date no longer governs. Ratification can be given before or after you pay, and it can take various forms: written acknowledgment, a direct instruction to you to pay early, or another act that unambiguously shows the debtor accepted your payment as settling their obligation. If you received any such confirmation from the debtor before or shortly after you paid, document it carefully — it is the basis for your right to seek reimbursement now.
Practical advice for a guarantor in this situation
If you paid early without the debtor's prior approval or ratification, you generally need to wait until the original due date before you can compel repayment. In the meantime, keep all proof of your payment — receipts, bank records, and the creditor's acknowledgment of receipt. Also check whether the debtor said or did anything around the time of payment that could count as ratification. If the waiting period is long or the amount significant, a lawyer can advise on whether other remedies are available to protect your interests during the interim.