benefice d\\\'attribution, d\\\'eviction, de division et de discussion de creance

10:25 Apr 1, 2005
French to English translations [PRO]
Tech/Engineering - Law: Contract(s) / bid bond
French term or phrase: benefice d\\\'attribution, d\\\'eviction, de division et de discussion de creance
used in a bid bond from Algeria

Full context: La banque abandonne et rnoce a tout benefice d'attribution, d'eviction, de division et de discussion de creance, et tout autre benefice et exception qui peuvent exister juridiquement.
xavia
Local time: 04:54


Summary of answers provided
4 +1plea of assignment, ouster, severance and debtor-based challenge of claim
Adrian MM. (X)


  

Answers


1 day 1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
benefice d\'attribution, d\'eviction, de division et de discussion de creance
plea of assignment, ouster, severance and debtor-based challenge of claim


Explanation:
The bank is guarantor and can't wriggle out of liability.

Look at the reverse effect of the disclaimer and waiver -> asking the creditor to divide i.e. sever the debt and target another co-debtor or challenge the liability by making the creditor sue the debtor first:

'The bank does hereby abandon and waive any plea available - by expressly accepting personal, primary and several liability - and any other plea or defence that may exist at law.'

Adrian MM. (X)
Local time: 05:54
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 348

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