Fideiusorul, în defensivă: beneficiul de discuţiune
The fidejussor, on the defensive: benefit of discussion

Summary/Abstract: The benefit of discussion is the means of defence recognised by the rules of substantive law by means of which the guarantor, in the context of proceedings brought against him by the creditor, invokes the subsidiary nature of his obligation in relation to that of the principal debtor, requesting the pursuit of the assets of the latter in priority. Being a defensive means, the benefit of discussion is used in the proceedings in which the pursuit of the guarantor is carried out, its invocation being carried out either by way of a procedural exception, if the creditor does not have an enforceable title against the guarantor, or by way of a challenge to enforcement, if the creditor has such a title. The fact that the benefit of discussion has an expression in both substantive and procedural law has been taken into account in the preparation of this study both in determining the conditions necessary for its recognition and in determining the effects associated with the successful invocation of this defence. We believe that only such an approach can provide a unified picture of the defensive mechanism that the benefit of discussion describes.

• Details
• Contents