BENEFIT OF DISCUSSION: Civil law. A guarantor's right to
require a creditor to seek payment from the principal debtor before seeking payment from the guarantor. Also termed (in French law) benefice de discussion; (in Scots law) right of discussion. [Cases: Guaranty ~ 42(1),45,77(2).]
"Benefit of Discussion. By common law a cautioner, bound simply as such, had right to insist that the creditor should
discuss the prinCipal debtor, that is, exhaust his estate by
diligence, before coming upon him for payment of the debt." William K. Morton & Dale A. Whitman, Manual of
the Law of Scotland 299 (1896).
Printed copy · Anthology Volume 6, page 379Printed copy from The Tender For Law Anthology, Volume 6, page 379 (printed 13 June 2014). Added by this site; not part of the Facebook export.