Excussion

For instance, as rule, the creditor of "a branch" (20), -in law, the creditor of the parent company--pursuing the parent company for the obligations arising from the branch's activity cannot be opposed by the benefit of excussion. The company's creditor cannot be compelled to pursue first the "patrimony" of the branch (the patrimony by appropriation from which their receivable arises) and only if the goods are not enough, to act against the "patrimony" of the parent company.

In such case, the personal creditors of the merchant can claim the benefit of excussion against professional creditors until they prove the pursuit of all assets from the merchant's patrimony by appropriation.

Unlimited liability has a secondary nature, the merchant being able to claim the benefit of excussion if the legal order of preference is broken when their special patrimonies are pursued.