The benefit of discussion must be invoked by the guarantor from the first proceedings brought against him.
The guarantor must indicate to the creditor the debtor’s assets that may be seized, which may not be disputed assets or assets subject to a special security interest in favour of a third party.
If the creditor fails to pursue the debtor, he is liable to the guarantor for the debtor’s insolvency up to the value of the assets usefully indicated.