| co-principal debtor مدين رئيسي شريك
Explanation: beneficium ordinis seu excussionis (the benefit of excussion) is an exception open to a surety by which he can compel the creditor to proceed against the principal debtor first and to obtain all he can from such debtor's estate before proceeding against the surety. The renunciation of the 'benefit' has the effect of permitting the creditor to proceed directly against the surety, before excussing the principal debtor, should he so wish. It should be noted that in law a surety who binds himself as co-principal debtor is taken to have tacitly renounced this benefit. Notwithstanding this, and possibly as evidence of the ignorance of the draftsman, it will be found in almost all suretyships, irrespective of the way in which the surely binds himself.
http://www.scribd.com/doc/27628493/Common-Latin-Legal-Terms-...
|  Nadia Ayoub Egypt Local time: 22:28 Native speaker of: Arabic PRO pts in category: 373
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