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Legal Speak Made Easy

“Waive the benefit of excussion”

Here’s a phrase you will often find in suretyship documents. You as surety “waive the benefit of excussion” (“beneficium ordinis seu excussionis”). By waiving the benefit, you allow the creditor to demand full payment from you without first trying to recover from the principal debtor (the person or entity who actually incurred the debt). In other words, if the debtor defaults, you are immediately as much in the firing line as the debtor itself.

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