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Civil Law

Article 164

Article 164

  1. A debtor shall, after being notified, be obligated to perform his obligation inkind if possible.

  2. If a performance in-kind is onerous to the debtor, the court may, upon his request, limit the creditor's right to compensation if this does not entail severe harm to the creditor.

مواد ذات علاقة

Explanation of Article 164

This article addresses the rule of an obligation existing as a matter of conscience. It states that if the obligation does not meet the legal conditions for its enforcement by compulsion, it remains as a moral obligation on the debtor. If the debtor fulfills it voluntarily, the fulfillment is valid and is not considered a donation or a payment to someone not entitled. This means that an obligation that cannot be legally claimed remains a moral obligation on the debtor.