THE BENEFIT OF EXCUSSION – SPECIFIC DEFENCE UNDER THE SURETYSHIP RELATION
THE BENEFIT OF EXCUSSION – SPECIFIC DEFENCE UNDER THE SURETYSHIP RELATION

Summary/Abstract: The main effect of suretyship is the obligation of the surety to perform the debtor’s obligation where the latter fails in the voluntarily performance thereof.By invoking the plea of excussion, the conventional or legal surety resorts to the option of requesting the creditor which started proceedings against the surety to first proceed against the assets of the principal debtor, within the limits of the principal debtor’s assets value, which the surety shall indicate to the creditor.This defence whereby the surety pursues its exoneration, in part or in full, from its guarantee obligation, arises from the ancillary nature of the guarantee obligation, on the one hand, and from the legal relation of surety itself, on the other hand.

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