Succinte consideraţii despre beneficiul de diviziune

Conf. univ. dr. Nora Andreea DAGHIE

Facultatea de Ştiinţe Juridice, Sociale şi Politice

Universitatea "Dunărea de Jos" din Galaţi

Avocat definitiv, Baroul Galaţi

ABSTRACT

According to the provisions of Article 2298 (1) of the Civil Code, the benefit of division represents the right recognized to the guarantor, in the case that there are more obliged guarantors for the same debt, to request the creditor to first divide its action and reduce it to each share.

Plea of the benefit of division appears to be a limitation of the rule established under the provisions of Article 2297 of the Civil Code, according to which, in the case of plurality of guarantors of the same debtor for the same debt, each guarantor is bound to the entire debt and on whom the enforcement order may be executed as such.

By the effect of the benefit of division, the obligation is changed into a divisible one, and the guarantor which relied on this plea shall be exempt from...