Article 165
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If an obligation does not relate to a specific thing but to its type, said obligation shall not pertain to a specific thing of the same type, unless it is apportioned.
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If a debtor fails to perform his obligation, the creditor may obtain a thing of the same type at the debtor’s expense with the court’s permission or, in urgent circumstances, without its permission, without prejudice to the creditor’s right to compensation.
مواد ذات علاقة
Explanation of Article 165
This article establishes that a religious obligation can serve as a valid basis for the debtor to undertake a statutory (civil) obligation. This means that a moral obligation can be transformed into a legal obligation if the debtor explicitly or implicitly commits to it.