beneficio de excusión

English translation: benefit of discussion

11:04 Dec 28, 2000
Spanish to English translations [PRO]
Bus/Financial
Spanish term or phrase: beneficio de excusión
...una carta fianza solidaria irrevocable, incondicionada, de realización automática y sin beneficio de excusión extendida a favor de xyz
SierraMadre
Local time: 22:48
English translation:benefit of discussion
Explanation:
Tom West, in his dictionary, only gives a definition of "beneficio de excusión: guarantor's right to force a creditor to go against the debtor before the creditor takes action against the guarantor.
"Alcaraz Varo" Diccionario de Términos Jurídicos also gives only a definition: "right of surety to force a creditor to make use of legal remedies against the principal debtor before having recourse against surety" BUT, Look at the definition in Black's Law Dictionary of "benefit of discussion": In 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 instances. Civ.Code La. arts. 3045-3051 (Louisiana being only state to use civil law, based on the Napoleonic code, because of its French heritage, of course).
Robb's does actually give "benefit of discussion" as the equivalent of "beneficio de excusión"
Selected response from:

Joan Wallace (X)
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Summary of answers provided
nabenefit of discussion
Joan Wallace (X)
nabenefit of discussion
palomo
na...without excussio...
Peter Spence


  

Answers


16 mins
benefit of discussion


Explanation:
Tom West, in his dictionary, only gives a definition of "beneficio de excusión: guarantor's right to force a creditor to go against the debtor before the creditor takes action against the guarantor.
"Alcaraz Varo" Diccionario de Términos Jurídicos also gives only a definition: "right of surety to force a creditor to make use of legal remedies against the principal debtor before having recourse against surety" BUT, Look at the definition in Black's Law Dictionary of "benefit of discussion": In 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 instances. Civ.Code La. arts. 3045-3051 (Louisiana being only state to use civil law, based on the Napoleonic code, because of its French heritage, of course).
Robb's does actually give "benefit of discussion" as the equivalent of "beneficio de excusión"


    Tom West, Spanish-English Dictionary of Law and Business; Alcar�z Var�, Diccionario de T�rminos Jur�dicos
    Robb, Diccionario de T�rminos Legales, Black's Law Dictionary
Joan Wallace (X)
PRO pts in pair: 59
Grading comment
Thanks and sorry for the delay in grading!

Peer comments on this answer (and responses from the answerer)
french_translat
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17 mins
benefit of discussion


Explanation:
I happen to have done quite a bit of research on this term. It is not only the one offered, say, by Robb's Bilingual Legal Dictionary, but also corroborated by doublechecking Black's definition of "benefit of discussion" against that Diccionario para Juristas by Palomar de Miguel for "beneficio de excusión". Everything dovetails exquisitively.


    Louis A. Robb's Diccionario de T�rminos Legales
    Black's Law Dictionary, Dicc. para Juristas by Juan Palomar de Miguel
palomo
United States
Local time: 00:48
PRO pts in pair: 14

Peer comments on this answer (and responses from the answerer)
french_translat
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6 hrs
...without excussio...


Explanation:
Excussio: (civil law) the exhausting of every remedy agsinst a principal debtor before proceeding agaisnt a surety.

Peter Spence
Local time: 23:48
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 22
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