benefit of discussion

benefit of discussion. Civil law. A guarantor’s right to require a creditor to seek payment from the principal debtor before seeking payment from the guarantor.

— Also termed (in French law) bénéfice de discussion; (in Scots law) right of discussion. [Cases: Guaranty 42(1), 45, 77(2).]

“Benefit of Discussion. By common law a cautioner, bound simply as such, had right to insist that the creditor should discuss the principal debtor, that is, exhaust his estate by diligence, before coming upon him for payment of the debt.” William K. Morton & Dale A. Whitman, Manual of the Law of Scotland 299 (1896).

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