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. 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