SUCCINTE CONSIDERAȚII PE MARGINEA BENEFICIULUI DE DISCUȚIUNE

In the study it is emphasized that the main effect of the fidejussion is represented by the obligation of the fidejussor to execute the obligation of the debtor, in case the latter does not fulfil it voluntarily. I have shown that by invoking the exception of the discussion, the conventional or legal fidejussor uses the faculty to ask the creditor, who has started the prosecution against him, to pursue first the assets of the principal debtor, within the limits of the value of the principal debtor’s assets, which the fidejussor will indicate to the creditor. This means of defence by which the fidejussor seeks its exemption from the execution in whole or in part of the obligation of guarantee, derives, on the
one hand, from the ancillary nature of the obligation of guarantee and, on the other hand, from the very legal relation of fidejussion.