beneficium ordinis seu excussionis

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beneficium ordinis seu excussionis

A legal clause entitling a surety the right to have a creditor proceed against the principal debtor first before pursuing the surety for any further payment. Often shortened as beneficium excussionis; also known as "benefit of discussion." The judge ruled that because Mr. Smith had not expressly renounced the beneficium ordinis seu excussionis clause, the bank could not sue him for payment until they had pursued the owner of the property first.
Farlex Dictionary of Idioms. © 2015 Farlex, Inc, all rights reserved.
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