BENEFICIUM CEDENDARUM ACTIONUM

beneficium cedendarum       actionum           (ben-<<schwa>>-fish-ee-<<schwa>>m see-den-day-r<<schwa>>m ak-shee-oh-n<<schwa>>m). [Latin “privilege of having actions made over”] Roman & Scots law. The right of a cosurety who might or might not have paid the debt to compel the creditor to give over the right of action against the debtor and the other cosureties. • Under Scots law, a cosurety’s (or cocautioner’s) right of action against the nonpaying cosurety

arises on payment, without the necessity of compelling the creditor to assign the action. But in Roman law, the right of action arose before the paying of the debt.[Blacks Law 8th]