avec renonciation au bénéfice de discussion et de division

Decaf

Member
Germany, English
This is in an Acte de Cautionnement, so a deed of guarantee for a flat but I can't quite work out what this bit means. It is that the person signs as guarantor for someone else "wthout the benefit of discussion or dividend"?
Thanks!
 
  • Arbiter

    Senior Member
    French | Français
    It means that if the guarantor is called for paying in event of default, he will have to pay the sum entirely and immediately. He won't be able to ask the creditor to claim payment from the principal first (no discussion) and he will have to pay all by himself even if there are other guarantors (no division).

    Now, how to say that concisely in English ? No idea !
     
    Last edited:

    Decaf

    Member
    Germany, English
    Ah now that makes sense. That is great. In English I will probably turn it around and say something along the lines of "guaranteeing to pay on time and solely". How does that sound?
     

    Decaf

    Member
    Germany, English
    Yes that is helpful but I already have the "in solidum" (i.e. jointly and severally) in there. I will transliterate as you mentioned earlier, I think. That seems to be more useful. Decaf
     
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