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先诉抗辩权

English translation: benefit of discussion

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Chinese term or phrase:先诉抗辩权
English translation:benefit of discussion
Entered by: ysun

04:06 Feb 24, 2007
Chinese to English translations [PRO]
Bus/Financial - Law (general) / Contract
Chinese term or phrase: 先诉抗辩权
Context: 乙方若有违约情事，应负赔偿损害责任并愿放弃先诉抗辩权。
Thank you in advance!
ysun
United States
Local time: 06:35
benefit of discussion
Explanation:
In the civil law system, benefit of discussion is the right which a surety has to cause the propoerty of the principal debtor to be applied in satisfaction of the obligation in the first instance. Louisiana Civil Code, articles 3045-3051. See Blackl's Law Dictionary.
Selected response from:

Raymond Chu
Taiwan
Local time: 19:35
Grading comment
Thank you Raymond! Thank you, Pei Ling, Zhoudan and pkchan!
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +2benefit of discussion
Raymond Chu
3 +1counterplea right
peiling
3right of plea for preference claims
Zhoudan


  

Answers


3 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
counterplea right


Explanation:
只在中文文章里看到

--------------------------------------------------
Note added at 6 mins (2007-02-24 04:12:43 GMT)
--------------------------------------------------

前面还加了 pre-accusation

peiling
Germany
Local time: 13:35
Works in field
Native speaker of: Native in EnglishEnglish, Native in MalayMalay
PRO pts in category: 22

Peer comments on this answer (and responses from the answerer)
agree  pkchan: scholar.ilib.cn/abstract.aspx?A=ytsfxyxb-zxsh200203020
27 mins
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37 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
right of plea for preference claims


Explanation:
这句摘自以下第一个链接：
The guarantor(s) is/are willing to hold the joint responsibilities of the debt and waive the right of opposition (right of plea for preference claims against the principal debtor).

跟中文里先诉抗辩权的context相似。


    Reference: http://www.secinfo.com/dsvR3.z2cv.c.htm
    Reference: http://www.lawspirit.com/bbs/topic.asp?TOPIC_ID=645&FORUM_ID...
Zhoudan
Local time: 19:35
Works in field
Native speaker of: Chinese
PRO pts in category: 8
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3 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +2
benefit of discussion


Explanation:
In the civil law system, benefit of discussion is the right which a surety has to cause the propoerty of the principal debtor to be applied in satisfaction of the obligation in the first instance. Louisiana Civil Code, articles 3045-3051. See Blackl's Law Dictionary.

Raymond Chu
Taiwan
Local time: 19:35
Specializes in field
PRO pts in category: 48
Grading comment
Thank you Raymond! Thank you, Pei Ling, Zhoudan and pkchan!

Peer comments on this answer (and responses from the answerer)
agree  Zhoudan: You must be right, Raymond, as you are an expert. I looked up my 英汉大词典 (陆谷孙）for "discussion," and it supports your answer: [律]（保证人的）先诉抗辩权
50 mins
  -> Thank you.
agree  pkchan: right of discussion 及counterplea right 均有人用lunwen.lawtime.cn/jjfdanbao/2006102649090.html
8 hrs
  -> Perhaps, but I can't find "right of discussion" and "counterplea right" in my law dictionaries and law books. Thanks any way.
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