Benefit of discussion

BENEFIT OF DISCUSSION, civil law. The right which a surety has to cause the property of the principal debtor to be applied in satisfaction of the obligation in the first instance. See Civil Code of Lo. art. 3014 to 3020, and Discussion.

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This holdback may be replaced at the option of the holder by a first demand guarantee or a joint and several guarantee, if both parties so agree; guarantees or bonds are without benefit of discussion and without benefit of division.
Second, in the case of suretyship, the creditor is not always compelled to pursue his claim first against the debtor, before turning to the surety for payment or an indemnity, since sureties often waive the benefit of discussion.
62) Many believe this measure to be ineffective, because the surety may validly renounce the benefit of discussion in the suretyship agreement, which is nearly always done.
First, one might be tempted to argue that the surety is in effect solidarily liable for the debt, especially if he has agreed to be bound solidarily by renouncing the benefit of discussion.
This holdback may be replaced at the option of the holder by a first demand guarantee or a joint and several guarantee if both parties agree, warranties or guarantees are without benefit of discussion and without the benefit of division.
This holdback may be replaced at the option of the holder by a demand guarantee or a joint and several guarantee if both parties so agree; guarantees or bonds are without benefit of discussion and without benefit of division.
Warranties or guarantees are without benefit of discussion and without benefit of division.
The undertaking shall be in writing with the express provision that the guarantee is subject to German law to issue waiving the objections set off of the appeal and the benefit of discussion and should not be limited to certain time.
This holdback may be replaced at the option of the holder by a first demand guarantee or a joint and several guarantee if both parties so agree; warranties or guarantees are without benefit of discussion and without benefit of division
We are fortunate, though, that we had the benefit of discussions with Dr.
We haven't had the benefit of discussions with LAFCO because we've been focusing all our time with the city.
We believe that the acting General Counsel's view of management is broader than was intended and that counsel's interpretation in this case was based in part on collateral agreements not in effect, without the benefit of discussions with MGAM or tribal representatives.