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  3. Law: Contract(s)

benefício da excussão prévia

English translation: surety's right to require execution to be directed against the principal debtor before the creditor

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:benefício da excussão prévia
English translation:surety's right to require execution to be directed against the principal debtor before the creditor
Entered by: peterinmadrid

17:28 Feb 17, 2009
Portuguese to English translations [PRO]
Law/Patents - Law: Contract(s) / Industrial Water Supply Contract
Portuguese term or phrase: benefício da excussão prévia
Cláusula Sétima
Estatuto de Garante

constituindo-se, nomeadamente, sua fiadora e principal pagadora das respectivas obrigações pecuniárias, com expressa renúncia ao benefício da excussão prévia, durante o prazo de duração deste contrato e suas eventuais prorrogações, sem dependência de prazo, ainda que se verifiquem alterações legais ou contratuais
peterinmadrid
Portugal
Local time: 22:49
surety's right to require execution to be directed against the principal debtor before the creditor
Explanation:
Fonte Conselho da Europa e Banco Europeu de Investimento
Selected response from:

Teresa Sobral Casimiro
Portugal
Local time: 21:49
Grading comment
Thank you, Teresa.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +1expressly renoucing/waving the benefits to early payment
Adriana Baldino
4(guarantor's) plea directing the creditor to the principal debtor
Adrian MM. (X)
4surety's right to require execution to be directed against the principal debtor before the creditor
Teresa Sobral Casimiro


Discussion entries: 2





  

Answers


29 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
expressly renoucing/waving the benefits to early payment


Explanation:
hope it helps

Adriana Baldino
Brazil
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
agree  Maria Cristina Vasconcelos
2 hrs
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
(guarantor's) plea directing the creditor to the principal debtor


Explanation:
i.e. if this defence or plea is waived, the guarantor accepts primary liability.

Using Roman civil law terms like excussio(n) is not very helpful.

IATE:

PT benefício de prévia excussão
EN surety's right to require execution to be directed against the principal debtor before the creditor levies execution on the surety



Adrian MM. (X)
Local time: 22:49
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 139
Login to enter a peer comment (or grade)

5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
surety's right to require execution to be directed against the principal debtor before the creditor


Explanation:
Fonte Conselho da Europa e Banco Europeu de Investimento

Teresa Sobral Casimiro
Portugal
Local time: 21:49
Works in field
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 8
Grading comment
Thank you, Teresa.
Login to enter a peer comment (or grade)



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