Short answer. Not immediately. Article 2069 says that where the debt was for a period and you, as guarantor, paid it before it fell due, you cannot demand reimbursement from the debtor until that period expires — unless the debtor ratified your early payment. The debtor keeps the benefit of his term.

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 →

The debtor is entitled to his time

When a debt is payable on a future date, that period is a benefit belonging to the debtor: he is entitled to keep his money and use it until the day of payment arrives. Article 2069 respects that entitlement even against a guarantor who has already paid: 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. Paying early is your choice; it cannot shorten the time the debtor was promised.

Why the guarantor must wait

You may have had good reasons of your own to settle the debt ahead of schedule — convenience, an early-payment discount, or simply closing the matter. But those reasons are yours, and the cost of acting on them cannot be shifted onto the debtor before he was ever obliged to pay. So your right to recover does not mature the instant you pay; it matures when the debt itself would have fallen due. Until then the debtor may decline to reimburse you, and he is within his rights to do so.

The ratification exception

The article leaves one clear route to immediate recovery: ratification by the debtor. If the debtor approves or adopts your early payment, he gives up the benefit of the term, and you may then collect at once. Ratification need not be a formal document — it can be shown by conduct that plainly accepts the early settlement as made on his behalf and for his account. The point is that the debtor, and only the debtor, can waive the time that the law otherwise reserves to him, and once he does, the obstacle to your claim disappears.

How to protect your position

If circumstances push you to pay the guaranteed debt before maturity, the sensible step is to secure the debtor's agreement to that early payment, preferably in writing, so your reimbursement claim is enforceable straight away. Absent that, treat the outlay as money you will recover only when the original period runs out, and plan accordingly. Remember that what Article 2069 affects is timing, not entitlement: your right to be reimbursed for a debt you validly guaranteed and paid is intact — it is simply deferred until the moment the debtor was always going to have to pay.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.