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sem benefício de ordem

English translation: without the benefit of excussion / without the benefit of discussion

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:sem benefício de ordem
English translation:without the benefit of excussion / without the benefit of discussion
Entered by: Lawyer-Linguist
Options:
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23:28 Feb 14, 2005
Portuguese to English translations [PRO]
Law (general)
Portuguese term or phrase: sem benefício de ordem
Os instrumentos de sub-contratação de que tratam a Cláusula XXXX acima em nada prejudicarão a responsabilidade solidária e ****sem benefício de ordem**** que a Contratada assume perante a Contratante e terceiros neste Contrato.

'a responsibilidade sem beneficio de ordem'?
xxxLia Fail
Spain
Local time: 04:21
without the benefit of excussion
Explanation:
I believe what they are referring to is the "benefit of excussion" - a creditor can sue any of the parties that are jointly and severally liable - e.g. a sub-contractor cannot rely on the benefit of excussion if approached first instead of a main contractor (hence the concept of "order"); he cannot turn round and say you have to first have to excuss [To seize and detain by law, as goods. [Obs.] --Ayliffe.
[1913 Webster]
all the available assets of the main contractor first. Same if a director signs surety for a company - if he has waived the benefit of excussion, he cannot in his defence plea the assets of the company should have been attached first if he is sued for a company debt

Note here it is WITHOUT the benefit of excussion - the sub-contractor/director (in my examples) would have have recourse to that benefit (i.e. that defence) if they were sued)


Inside this issue:
File Format: PDF/Adobe Acrobat - View as HTML
... Readers are reminded that a surety who renounces the benefit of excussion can be
sued, on the basis of a suretyship agreement, even if the creditor has not ...
www.pifsa.org/newsletters/June04.pdf - Similar pages

Government Guarantee
... lack of actionable debt), erorre culci (mistake in calculation of ampunt due) and
beneficia excussionis et divisionis (the benefits of excussion and division ...
www.etreasury.co.za/Documents/Gov.htm - 13k - Cached - Similar pages

Last Month’s Law Reports - November 1998
... surety where principal debtor insolvent – s 13(1)(g) of Prescription Act 68 of 1969 –
surety renouncing benefit of excussion – suretyship nevertheless ...
www.derebus.org.za/archives/1998Nov/update/lawrept.htm - 56k - Cached - Similar pages

Notes On Agreements
... for the due and proper performance by the Purchaser of all the terms and conditions
of this Contract, and I renounce the benefits of excussion and division ...
www.robmenzies.co.za/notes_on_agreements.htm - 101k - Cached - Similar pages

Hermanus Ratepayers : Station Site Development
... hereto binds himself as surety for and co-principal with the company, close corporation
or trust under renunciation of the benefits of excussion and division. ...
www.ratepayers.co.za/23_offer/ 23_1_docs/offer_overstrand_synd_2_4_24_eng.htm - 17k - Cached - Similar pages

Willex Plastic Industries, Corp. vs. CA : 103066 : April 25, 1996 ...
... Willex Plastic thus claims the benefit of excussion. The Civil Code provides,
however: Art. 2059. This excussion shall not take place: ...
www.supremecourt.gov.ph/ jurisprudence/1996/apr1996/103066.htm - 57k - Cached - Similar pages

Surety - To sign or not to sign - September 2002
... The beneficium ordinis seu excussionis (also known as the benefit of excussion)
is an exception open to a surety by which he can compel the creditor to proceed ...
www.accountancysa.org.za/ archives/2002sep/features/sign.htm - 11k - Cached - Similar pages

[DOC] GAUTENG DEPARTMENT OF EDUCATION
File Format: Microsoft Word 97 - View as HTML
... Benefit of cession of action. 8.5.3 Benefit of excussion. (6). (6). (6). [50]. QUESTION
9. WILLS. 9.1 State whether the following statements are TRUE or FALSE. ...
www.education.gpg.gov.za/ matricinfo/past%20papers/40520C.doc - Similar pages

[PDF] THE RIVERSIDE HOTEL SALE AGREEMENT AND RELATED DOCUMENTATION This ...
File Format: PDF/Adobe Acrobat - View as HTML
... the company / close corporation / trust for its obligations as PURCHASERin terms
of this AGREEMENT under renunciation of the benefits of excussion and division ...
www.elan.co.za/sale_agreement.pdf - Similar pages

[PDF] APPLICATION FOR CREDIT FACILITIES, SURETY AND CONDITIONS OF SALE
File Format: PDF/Adobe Acrobat - View as HTML
... the benefits of excussion, division and cession of action, non causa debiti, errore
calculi, revision of accounts, no value received and also the benefit non ...
www.idealfastener.co.za/downloads/creditapplication.pdf - Similar pages



--------------------------------------------------
Note added at 18 hrs 2 mins (2005-02-15 17:30:43 GMT)
--------------------------------------------------

should read: the sub-contractor/director (in my examples) would NOT have recourse to that benefit (i.e. that defence) if they were sued


--------------------------------------------------
Note added at 20 hrs 38 mins (2005-02-15 20:06:14 GMT)
--------------------------------------------------

surety = any person who offers security for the debts of another
Selected response from:

Lawyer-Linguist
Portugal
Local time: 03:21
Grading comment
ta, very complete:-)
4 KudoZ points were awarded for this answer

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Summary of answers provided
5without the benefit of excussion
Lawyer-Linguist
5without privilege of order
Donna Sandin


Discussion entries: 5





  

Answers


17 mins   confidence: Answerer confidence 5/5
sem benefício de ordem
without privilege of order


Explanation:
this relates to a surety’s right to require a creditor to seek payment from the principal debtor before seeking payment from the surety.

order in this case means "sequence"

See "beneficio ordinis" in Black's law dictionary - even the old editions have it tho' worded differently.

--------------------------------------------------
Note added at 12 hrs 32 mins (2005-02-15 12:01:05 GMT)
--------------------------------------------------

Well, in this case, I figure that they are basically saying that if there is some nonperformance of the contract, the principal is entitled to proceed against the contractor FIRST and the contractor cannot say \"well, that\'s the fault of one of my subcontractors, so go after that guy.\" It\'s a fancy way of saying that the contractor remains primarily liable to the principal for whatever goes wrong. In this case (I admit I answered hastily w/o paying enough attention to the context), I suppose you could perhaps say \"....the joint liability and status as primary obligor of the Contractor toward the Principal....\"

BUT, now I\'m wondering - After all, here we are WITHOUT privilege of order, which should mean that the principal could proceed against anyone. The subcontractors would not be protected by the \"privilege of order\" from being sued by the principal even tho\' the principal is supposed to proceed against the contractor first.

Perhaps I should withdraw my answer and let someone else take over, or perhaps it\'s just too early in the morning....

--------------------------------------------------
Note added at 12 hrs 38 mins (2005-02-15 12:06:22 GMT)
--------------------------------------------------

Alish, I did not see the other two notes when I wrote the above. I won\'t have a chance to look at them now until later this morning, but surely someone else will speak up.

Donna Sandin
United States
Local time: 22:21
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 260
Login to enter a peer comment (or grade)

18 hrs   confidence: Answerer confidence 5/5
sem benefício de ordem
without the benefit of excussion


Explanation:
I believe what they are referring to is the "benefit of excussion" - a creditor can sue any of the parties that are jointly and severally liable - e.g. a sub-contractor cannot rely on the benefit of excussion if approached first instead of a main contractor (hence the concept of "order"); he cannot turn round and say you have to first have to excuss [To seize and detain by law, as goods. [Obs.] --Ayliffe.
[1913 Webster]
all the available assets of the main contractor first. Same if a director signs surety for a company - if he has waived the benefit of excussion, he cannot in his defence plea the assets of the company should have been attached first if he is sued for a company debt

Note here it is WITHOUT the benefit of excussion - the sub-contractor/director (in my examples) would have have recourse to that benefit (i.e. that defence) if they were sued)


Inside this issue:
File Format: PDF/Adobe Acrobat - View as HTML
... Readers are reminded that a surety who renounces the benefit of excussion can be
sued, on the basis of a suretyship agreement, even if the creditor has not ...
www.pifsa.org/newsletters/June04.pdf - Similar pages

Government Guarantee
... lack of actionable debt), erorre culci (mistake in calculation of ampunt due) and
beneficia excussionis et divisionis (the benefits of excussion and division ...
www.etreasury.co.za/Documents/Gov.htm - 13k - Cached - Similar pages

Last Month’s Law Reports - November 1998
... surety where principal debtor insolvent – s 13(1)(g) of Prescription Act 68 of 1969 –
surety renouncing benefit of excussion – suretyship nevertheless ...
www.derebus.org.za/archives/1998Nov/update/lawrept.htm - 56k - Cached - Similar pages

Notes On Agreements
... for the due and proper performance by the Purchaser of all the terms and conditions
of this Contract, and I renounce the benefits of excussion and division ...
www.robmenzies.co.za/notes_on_agreements.htm - 101k - Cached - Similar pages

Hermanus Ratepayers : Station Site Development
... hereto binds himself as surety for and co-principal with the company, close corporation
or trust under renunciation of the benefits of excussion and division. ...
www.ratepayers.co.za/23_offer/ 23_1_docs/offer_overstrand_synd_2_4_24_eng.htm - 17k - Cached - Similar pages

Willex Plastic Industries, Corp. vs. CA : 103066 : April 25, 1996 ...
... Willex Plastic thus claims the benefit of excussion. The Civil Code provides,
however: Art. 2059. This excussion shall not take place: ...
www.supremecourt.gov.ph/ jurisprudence/1996/apr1996/103066.htm - 57k - Cached - Similar pages

Surety - To sign or not to sign - September 2002
... The beneficium ordinis seu excussionis (also known as the benefit of excussion)
is an exception open to a surety by which he can compel the creditor to proceed ...
www.accountancysa.org.za/ archives/2002sep/features/sign.htm - 11k - Cached - Similar pages

[DOC] GAUTENG DEPARTMENT OF EDUCATION
File Format: Microsoft Word 97 - View as HTML
... Benefit of cession of action. 8.5.3 Benefit of excussion. (6). (6). (6). [50]. QUESTION
9. WILLS. 9.1 State whether the following statements are TRUE or FALSE. ...
www.education.gpg.gov.za/ matricinfo/past%20papers/40520C.doc - Similar pages

[PDF] THE RIVERSIDE HOTEL SALE AGREEMENT AND RELATED DOCUMENTATION This ...
File Format: PDF/Adobe Acrobat - View as HTML
... the company / close corporation / trust for its obligations as PURCHASERin terms
of this AGREEMENT under renunciation of the benefits of excussion and division ...
www.elan.co.za/sale_agreement.pdf - Similar pages

[PDF] APPLICATION FOR CREDIT FACILITIES, SURETY AND CONDITIONS OF SALE
File Format: PDF/Adobe Acrobat - View as HTML
... the benefits of excussion, division and cession of action, non causa debiti, errore
calculi, revision of accounts, no value received and also the benefit non ...
www.idealfastener.co.za/downloads/creditapplication.pdf - Similar pages



--------------------------------------------------
Note added at 18 hrs 2 mins (2005-02-15 17:30:43 GMT)
--------------------------------------------------

should read: the sub-contractor/director (in my examples) would NOT have recourse to that benefit (i.e. that defence) if they were sued


--------------------------------------------------
Note added at 20 hrs 38 mins (2005-02-15 20:06:14 GMT)
--------------------------------------------------

surety = any person who offers security for the debts of another

Lawyer-Linguist
Portugal
Local time: 03:21
Specializes in field
Native speaker of: English
PRO pts in category: 143
Grading comment
ta, very complete:-)
Login to enter a peer comment (or grade)




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