| 单词 | benefit of discussion |
| 释义 | > as lemmasbenefit of discussion benefit of discussion n. Scots Law and Civil Law the right of a person liable for another's debt to require legal proceedings to be exhausted against the person who is primarily liable before demand is made upon himself or herself.In quot. 1678 with reference to theft rather than debt. ΚΠ 1678 G. Mackenzie Laws & Customes Scotl. xx. 215 Where the benefite of discussion is granted to Heirs or Cautioners, he who hath the benefite may be pursued, if the party who would have been first discust, be, in solvendo. 1681 J. Dalrymple Inst. Law Scotl. ii. xxvii. 119 To sist process against such Heirs as have the benefite of Discussion. 1751 A. McDouall Inst. Laws Scotl. I. i. xxiii. 459 One who becomes bound, either to cause the debtor [to] pay, or pay the debt himself..has not the benefit of discussion. 1848 J. J. S. Wharton Law Lexicon 184/2 By the Roman law sureties were..liable only after the creditor had sought payment from the principal debtor, and he was unable to pay. This was called the benefit or right of discussion. 1865 Civil Code Lower Canada: 6th Rep. xv. ii. 145 The surety is liable only upon the default of the debtor, who must previously be discussed, unless the surety have renounced the benefit of discussion. 1917 Univ. Pennsylvania Law Rev. & Amer. Law Reg. 66 65 To indemnify the creditor against loss, as is the practice in common-law countries under the benefit of discussion. 2001 Arab Law Q. 16 148 The Shari'a resembles English law in not having the Roman and civilian law benefit of discussion. < as lemmas |
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