Legal Definitions - beneficium cedendarum actionum

Definition: Beneficium Cedendarum Actionum is a Latin term that means "privilege of having actions made over." It refers to the right of a cosurety to compel the creditor to give over the right of action against the debtor and the other cosureties, whether or not the cosurety has paid the debt.

Examples: In Scots law, a cosurety has the right of action against the nonpaying cosurety on payment, without the necessity of compelling the creditor to assign the action. However, in Roman law, the right of action arose before the paying of the debt.

For instance, if A, B, and C are cosureties for a debt owed by D, and A pays the debt, A can compel the creditor to give over the right of action against D and B and C. This means that A can sue D, B, and C to recover the amount paid. In Scots law, A can do this without the need to compel the creditor to assign the action. However, in Roman law, A would need to compel the creditor to assign the right of action before suing D, B, and C.

Overall, Beneficium Cedendarum Actionum is a legal concept that protects cosureties from being held responsible for a debt that they did not incur. It ensures that cosureties have the right to recover the amount paid from the debtor and other cosureties.