Section One

Section One

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• Chapter 1 : Sources of Obligation
• Section 1 : Contract
• Article 30 : Scope of Application of the Chapter
• Article 31 : Formation of the Contract
• Sub-section 1 : Elements of a Contract
• Firstly : Consent
• Article 32 : Consent Verification
• 1. Expression of Will
• Article 33 : Methods of Expressing Will
• Article 34 : Offer by Display or Advertisement
• Article 35 : Withdrawal of Offer
• Article 36 : Circumstances of Offer Lapse and the Ruling on Acceptance After Its Lapse
• Article 37 : Silence of the Offeree
• Article 38 : Place and Time of Contract Formation
• Article 39 : Acceptance in Auctions
• Article 40 : Acceptance in Adhesion Contracts
• Article 41 : Contract Negotiation and Bad Faith in Negotiation
• Article 42 : Acceptance is achieved by agreement on the essential terms of the contract and not on others
• Article 43 : The Promise to Conclude a Contract and the Conditions for Its Binding Nature
• Article 44 : Provisions of Earnest Money
• Article 45 : Framework Agreement
• Article 46 : Reference to Model Provisions or Another Document
• 2. Capacity of the Contracting Parties
• Article 47 : Capacity to Act
• Article 48 : Capacity of the Minor, the Insane, and the Mentally Incompetent
• Article 49 : Acts of a Minor Without Discretion
• Article 50 : Acts of a Minor with Discretion
• Article 51 : Permission for a Minor to Act Upon Reaching the Age of Fifteen
• Article 52 : Acts of the Insane and the Mentally Incapacitated
• Article 53 : Acts of the Incompetent and the Negligent
• Article 54 : Provisions of Guardianship and Custodianship
• Article 55 : Acts of the Guardian and Custodian
• Article 56 : Fraud to Conceal Lack of Competence
• 3. Defects of Consent
• Article 57 : Request for Annulment of Contract Due to Fundamental Mistake
• Article 58 : Recognized Mistake
• Article 59 : Material Error in Calculation or Writing
• Article 60 : Invoking Mistake in the Contract in Good Faith
• Article 61 : The Reality of Misrepresentation in Contract Formation
• Article 62 : Misrepresentation of a Material Fact in the Contract
• Article 63 : Request for Annulment of Contract Due to Fraud by Non-Contracting Parties
• Article 64 : The Reality of Coercion
• Article 65 : Coercion Verification Officer
• Article 66 : Considerations in Assessing Coercion
• Article 67 : Request for Annulment of Contract Due to Coercion
• Article 68 : Exploitation of the Contracting Party by Taking Advantage of Apparent Weakness or Urgent Need to Conclude the Contract
• Article 69 : The Reality of Unfairness and the Request to Annul the Contract Due to Unfairness
• Second : Subject Matter and Cause
• Article 70 : Subject of the Obligation
• Article 71 : Making Future Objects Subject to Obligation
• Article 72 : Conditions of the Subject Matter of Obligation and the Consequences of Their Non-fulfillment
• Article 73 : Failure to Specify the Quantity or Quality of the Subject Matter
• Article 74 : Conditions in the Contract
• Article 75 : Contracting for an Unlawful Cause
• Article 76 : Omission of Contractual Purpose
• Sub-section 2 : Contract Nullification and Nullity
• Firstly : Right of Annulment
• Article 77 : Assertion of a Party's Right to Request the Annulment of the Contract
• Article 78 : Forfeiture of the Right to Annul by Ratification
• Article 79 : Statute of Limitations for Contract Annulment Claims
• Article 80 : Notice to the Party Entitled to Rescind the Contract
• Second : Nullity
• Article 81 : Nullity of the Contract and Prescription of the Nullity Claim
• Third : Effects of Contract Nullification and Invalidity
• Article 82 : Status of the Contracting Parties upon Annulment or Nullification of the Contract
• Article 83 : Annulment or Nullification of the Contract Due to Lack or Absence of Capacity
• Article 84 : Nullity of Part of the Contract
• Article 85 : Article 85: Conversion of a Void Contract to Another Contract
• Article 86 : Conditions of the Special Successor in the Void Contract, and the Nature of the Good Faith Special Successor
• Sub-section 3 : Agency in Contracting
• Article 87 : The Rule of Contracting by Proxy and Its Types
• Article 88 : Exceeding the Limits of Representation
• Article 89 : Consideration of the Deputy's Person in Defects of Consent, and the Principal's Instructions in Contractual Agency
• Article 90 : Effect of Agent Contracting in the Name of the Principal
• Article 91 : Ignorance of the Other Contracting Party Regarding the Capacity of the Agent at the Time of Contract Formation
• Article 92 : Ignorance of the Agent and the Other Contracting Party
• Article 93 : Contracting by a Representative with Himself
• Sub-section 4 : Effects of Contract
• Article 94 : Rescission or Amendment of a Valid Contract, and the Time of Accrual of Rights Arising from the Contract
• Article 95 : Obligations Arising from the Contract
• Article 96 : Adhesion and Unfair Terms in the Contract
• Article 97 : Effect of General Exceptional Circumstances on the Contract
• Article 98 : Effect of the Contract Extending to the Contracting Parties and General and Specific Successors
• Article 99 : Effect of the Contract on Non-Contracting Parties
• Article 100 : Undertaking on Behalf of Others
• Article 101 : Stipulation for the Benefit of a Third Party
• Article 102 : Revocation of Stipulation for the Benefit of a Third Party or Change of Beneficiary
• Article 103 : Condition for the Benefit of a Future or Unspecified Person
• Sub-section 5 : Interpretation of Contract
• Article 104 : Provisions for Contract Interpretation
• Sub-section 6 : Contract Termination
• Firstly : Termination
• Article 105 : Termination of Contract
• Second : Option of Condition
• Article 106 : Condition Option, Its Duration, and Its Termination
• Third : Breach of Obligation
• Article 107 : Breach of Obligation in Bilateral Contracts
• Article 108 : Agreement on the Right to Terminate the Contract upon Breach without Judicial Ruling and Exemption from Notice
• Article 109 : Existence of a Defect in the Subject Matter of the Contract
• Sub-section 2 : Impossibility of Performance
• Article 110 : Impossibility of Contract Execution or Part Thereof Due to a Cause Beyond the Debtor's Control
• Fifth : Effects of Contract Termination and Dissolution
• Article 111 : Effect of Termination or Rescission of the Contract on the Contracting Parties
• Article 112 : Effect of Contract Termination on Special Successors
• Article 113 : Effect of Contract Termination on Obligations of Dispute Resolution and Confidentiality
• Sixth : Plea of Non-Performance
• Article 114 : Refusal to Perform a Reciprocal Obligation Due for Fulfillment upon the Other Party's Refusal
• Section 2 : Unilateral Acts
• Article 115 : The Rule of Obligation by Unilateral Will
• Article 116 : Application of Contract Provisions to Unilateral Acts
• Article 117 : Promise of a Reward and Withdrawal of the Promise
• Section 3 : Harmful Acts
• Article 118 : Scope of Chapter Application
• Article 119 : The Impact of Civil Liability on Criminal Liability
• Sub-section 1 : Liability for Personal Acts
• Article 120 : Compensation for Damage Due to Fault
• Article 121 : Direct Liability for Harmful Act
• Article 122 : Liability for Damage Caused by Competent and Incompetent Persons
• Article 123 : Damage Resulting from Legitimate Defense
• Article 124 : Causing Harm to Others to Avoid Greater Harm
• Article 125 : Damage Due to No Fault of the Person
• Article 126 : The Harmful Act Committed by a Public Employee During the Performance of His Duties
• Article 127 : Joint Liability of Officials for Harmful Acts
• Article 128 : Contributory Negligence of the Injured Party
• Sub-section 2 : Liability for Third-Party Acts
• Article 129 : Cases of Liability for the Acts of Others
• Sub-section 3 : Liability for Harm Caused by Things
• Article 130 : Damage Caused by Animals
• Article 131 : Damage Caused by the Collapse of a Building
• Article 132 : Damage Caused by Objects Requiring Special Care
• Article 133 : Request for Measures to Avert Danger
• Article 134 : The Reality of the Custodian of the Object
• Article 135 : Exercise of the Right in Public Benefits and the Resulting Damage
• Sub-section 4 : Compensation for Harm
• Article 136 : Method of Compensation for Damage
• Article 137 : How to Determine Damage
• Article 138 : Compensation for Moral Damage
• Article 139 : Assessment of Compensation and Method of Payment
• Article 140 : Claim for Compensation in Cases of Severe Damage with the Option for the Injured Party to Retain or Surrender the Damaged Item
• Article 141 : Effect of the Court's Inability to Make a Final Assessment of Compensation
• Article 142 : Amount of Compensation for Damage to the Person or Lesser Harm
• Article 143 : Statute of Limitations for Compensation Claims
• Section 4 : Unjust Enrichment
• Article 144 : Unjust Enrichment at the Expense of Another
• Sub-section 1 : Undue Payments
• Article 145 : Conditions for Receiving Undue Payments as Fulfillment
• Article 146 : Recovery of Undue Payments
• Article 147 : Recovery of Undue Payment After Fulfillment by a Non-Debtor and the Creditor's Dispossession of the Debt Instrument and Its Securities
• Article 148 : Effect of Good or Bad Faith in Receiving Undue Payments
• Article 149 : The Effect of Contractual Capacity on the Receipt of Undue Payments
• Sub-section 2 : Officious Intermeddling
• Article 150 : The Reality of Agency by Necessity
• Article 151 : The Assumption of Responsibility by an Interloper for His Own Affairs Alongside Those of Others
• Article 152 : Application of Agency Provisions to Negotiorum Gestio
• Article 153 : Obligation of the Intervener to Complete the Acts of Agency
• Article 154 : Required Care in Negotiorum Gestio
• Article 155 : Transfer of Unauthorized Agency Acts to Third Parties
• Article 156 : Obligation of the Intervener to Return What Was Acquired Due to Intervention
• Article 157 : Consideration of the Interloper as a Representative for the Beneficiary, and the Condition for the Interloper's Entitlement to Compensation
• Article 158 : Death of the Intervener or Beneficiary
• Sub-section 3 : Non-hearing of Claim
• Article 159 : Statute of Limitations for Unjust Enrichment Claims
• Section 5 : The Law
• Article 160 : Obligation Arising Under the System
• Chapter 2 : Effects of Obligation
• Article 161 : Enforcement of Obligation Upon Maturity
• Article 162 : Impossibility of Compulsory Execution of Obligation
• Article 163 : Establishing a Statutory Obligation Based on an Existing Religious Commitment
• Section 1 : Performance In-Kind
• Article 164 : Obligation of Specific Performance and Compensation Therefor
• Article 165 : The Right Pertains to the Type, Not the Individual
• Article 166 : Obligation to Transfer a Real Right or Perform an Act Involving the Delivery of an Item
• Article 167 : Obligation to Perform Work
• Article 168 : Obligation to Preserve, Manage, or Achieve the Purpose
• Article 169 : Obligation to Refrain from Work
• Section 2 : Performance by Compensation
• Article 170 : Judgment for Compensation for Non-Performance
• Article 171 : Compensation for Delay in Performance of Obligation
• Article 172 : Creditor's Participation in Causing Damage by His Fault
• Article 173 : Agreement on Exemption from Compensation for Damage or Harmful Act
• Article 174 : Agreement on Bearing the Consequences of Force Majeure
• Article 175 : Entitlement to Compensation After Debtor's Notification
• Article 176 : Cases of Exemption from Debtor's Notice
• Article 177 : Means of Debtor's Notification
• Article 178 : Determination of Compensation Amount in Advance
• Article 179 : Entitlement to Contractual Compensation and Its Reduction and Increase
• Article 180 : Assessment of Unspecified Compensation
• Section 3 : Performance Securities
• Article 181 : Securing the Debtor's Assets for Debts and Priority Among Creditors in Satisfaction
• Section One : Exercise of the Creditor's Rights over the Debtor (Indirect Action)
• Article 182 : Disposition of the Creditor in the Rights of the Debtor
• Sub-section 2 : Dispositions of Creditors' Rights
• Article 183 : Request for Non-Effectiveness of Debtor's Act Against the Creditor Entitled to Performance
• Article 184 : Dismissal of the Claim to Prevent Execution of Disposition by Depositing Equivalent Compensation
• Article 185 : Preference of a debtor whose debts exceed his assets for one creditor over another, or settlement of a debt before its due date
• Article 186 : Proof of Claim Encompassing the Debtor's Assets and Its Denial
• Article 187 : Effect of the Debtor's Non-Performance on Creditors
• Article 188 : Prescription of the Action for the Non-Effectiveness of the Debtor's Disposition
• Article 189 : Creditor's Adherence to the Simulated and Concealed Contract, and the Preference of the Apparent Contract in Case of Dispute Among Interested Parties
• Article 190 : Enforcement of the True Contract Between the Contracting Parties and Their Successors
• Sub-section 3 : Retention of Property
• Article 191 : Refusal to Perform Due to Non-Performance by the Other Party
• Article 192 : Detention of Another's Property Until Reimbursement of Expenses
• Article 193 : Preservation of the Detained Property, and Its Sale if There is Fear of Its Perishing or Damage
• Article 194 : No Priority Lien for the Detainer upon Settlement
• Article 195 : Extinguishment of the Right of Detention, and the Reclaimer's Recovery After Its Release
• Sub-section 4 : Insolvency
• Article 196 : Provisions of Insolvency
• Chapter 3 : Modalities of Obligation
• Section 1 : Condition and Term
• Sub-section 1 : Condition
• Article 197 : The Nature of an Obligation Conditional on a Stipulation
• Article 198 : Suspension of Obligation on a Factual or Impossible Matter
• Article 199 : Suspension of Obligation on a Condition that Encourages an Unlawful Act
• Article 200 : Suspension of Obligation on a Suspensive Condition Dependent on the Sole Will of the Obligor
• Article 201 : Enforcement of an Obligation Contingent on a Suspensive Condition
• Article 202 : Effects of Fulfillment of the Resolutory Condition
• Article 203 : Commencement of the Effect of Condition Fulfillment
• Sub-section 2 : Term
• Article 204 : The True Definition of a Term Obligation and Its Effectiveness, the Effectiveness of a Term Obligation, and the Impact of the Expiration of a Resolutory Term
• Article 205 : Circumstances Leading to the Debtor's Loss of the Right to a Term
• Article 206 : Acceleration of Payment Before Maturity
• Article 207 : Effect of the Death of the Creditor and Debtor on the Maturity of the Obligation
• Article 208 : Effect of the Expiry of the Term According to a Statutory Provision on the Amount of Debt
• Article 209 : Time for Fulfillment When Able
• Section 2 : Obligations with Multiple Subjects
• Article 210 : The Nature of Alternative Obligation, the Option Holder, and the Effect of Abstaining from Choice
• Article 211 : The Nature of Alternative Obligation and Its Subject Matter
• Section 3 : Multiple Parties to an Obligation
• Sub-section 1 : Solidarity among Creditors
• Article 212 : Formation of Solidarity Among Creditors
• Article 213 : Claim of Joint Creditors for the Debt, and the Debtor's Grounds for Objection to the Claim
• Article 214 : Distribution among Joint Creditors in Collected Amounts
• Article 215 : Debtor's Fulfillment to One of the Joint Creditors
• Article 216 : Effect of Debtor's Discharge Towards One of the Joint Creditors Due to Non-Performance
• Article 217 : Harm by One of the Joint Creditors to the Other Creditors
• Article 218 : Division of Debt Among the Heirs of a Joint Creditor
• Sub-section 2 : Solidary Debt
• Article 219 : Nature of Joint Debt
• Article 220 : Claim for Joint Debt and Distribution Among Partners
• Article 221 : Disposition by a Partner of Collected Debt or Its Destruction
• Sub-section 3 : Solidary Liability among Debtors
• Article 222 : Formation of Joint Liability Among Debtors
• Article 223 : Discrepancies in Descriptions Related to the Debts of Joint Debtors
• Article 224 : Fulfillment of the Debt by One of the Joint Debtors
• Article 225 : Claim Against Joint Debtors and Objections of the Joint Debtor to the Claim
• Article 226 : Set-off Between the Creditor and Another Joint Debtor
• Article 227 : Extinction of the Share of One of the Joint Debtors in the Debt by Merger of Estates
• Article 228 : Release of a Creditor of One of the Joint Debtors from the Debt or Solidarity or Absolutely
• Article 229 : Creditor's Discharge of One of the Joint Debtors in the Presence of an Insolvent Debtor
• Article 230 : Effect of the Statute of Limitations on a Claim Against One of the Joint Debtors with Respect to the Others or the Creditor
• Article 231 : Liability of the Joint Debtor in the Execution of the Obligation, and Notification or Judicial Demand by the Creditor or Joint Debtor
• Article 232 : Effect of Settlement by One Joint Debtor with the Creditor on the Remaining Debtors
• Article 233 : The Effect of an Acknowledgment, Oath, or Refusal of an Oath by One of the Joint Debtors or the Creditor's Oath on the Remaining Debtors
• Article 234 : Fulfillment by One of the Joint Debtors Beyond Their Share, Recourse Among Joint Debtors, and the Impact of Insolvency of One of Them
• Sub-section 4 : Indivisibility of Obligation
• Article 235 : The Nature of Indivisible Obligations
• Article 236 : Multiplicity of Debtors in an Indivisible Obligation
• Article 237 : Multiplicity of Creditors in an Indivisible Obligation
• Chapter 4 : Transfer of Obligation
• Section 1 : Assignment of Right
• Article 238 : Formation of Assignment of Right and Debtor's Consent Thereto
• Article 239 : The Amount Valid for Assignment
• Article 240 : Enforceability of Assignment of Rights Against the Debtor and Third Parties
• Article 241 : Effect of Assignment of Rights
• Article 242 : The Assignor's Guarantee of the Existence of the Assigned Right
• Article 243 : Guarantor's Assurance for Debtor's Solvency
• Article 244 : Recourse of the Assignee for Guarantee against the Assignor
• Article 245 : Debtor's Defenses Against the Assignee
• Article 246 : Priority of Transfers with a Single Right
• Article 247 : Effect of Seizure under the Debtor's Possession before the Assignment Takes Effect on the Assignment
• Section 2 : Assignment of Debt
• Article 248 : The Nature of Debt Assignment
• Article 249 : Formation of Debt Assignment by Agreement between the Assignor and the Assignee, and Acceptance by the Assignee
• Article 250 : Formation of Debt Assignment by Agreement between the Assignor and the Assignee, and Acceptance by the Debtor
• Article 251 : Effect of Debt Assignment
• Article 252 : Guarantees Provided in the Assigned Debt
• Article 253 : Defenses of the Drawee Against the Endorsee
• Article 254 : Guarantor's Liability for the Solvency of the Assignee
• Section 3 : Assignment of Contract
• Article 255 : Transfer of Contractual Status (as a Party) from One Contract to Another
• Article 256 : Effect of the Assignee's Consent on the Assignment
• Article 257 : Defenses of the Assignee and the Assignor Against Each Other
• Article 258 : Effect of the Release by the Assignee on Guarantees
• Chapter 5 : Extinguishment of Obligation
• Section 1 : Extinguishment by Performance
• Sub-section 1 : Parties to the Performance
• Article 259 : Who is Eligible to Fulfill Obligations
• Article 260 : Condition for Valid Performance, and Performance by a Person Lacking or with Diminished Capacity
• Article 261 : Recourse Against the Debtor Upon Fulfillment of Another's Debt
• Article 262 : Instances of Subrogation of a Third Party in the Creditor's Position
• Article 263 : Effect of Subrogation of the Creditor
• Article 264 : Debtor's Payment to Some Creditors During Terminal Illness and Insufficiency of the Estate for Other Creditors
• Article 265 : Who is Eligible to Receive Payment, and Payment to Those Lacking or with Diminished Capacity
• Sub-section 2 : Rejection of Performance
• Article 266 : Creditor's Refusal to Accept Payment, or Failure to Perform Acts Necessary for Fulfillment
• Article 267 : Effect of Creditor's Notice
• Article 268 : Condition of Tender of Payment, and Tender of Payment before the Court
• Article 269 : Disposition of the Place of Fulfillment Prone to Deterioration
• Article 270 : Cases of Sufficient Deposit Without Tender of Payment
• Article 271 : Effect of Offer and Deposit, and Their Costs and Liabilities
• Sub-section 3 : Subject, Time, Place, and Expenses of Performance
• Article 272 : Place of Performance
• Article 273 : Partial Fulfillment
• Article 274 : Designation of the Debt to be Fulfilled When Multiple Debts Exist in the Debtor's Obligation to a Single Creditor
• Article 275 : Time of Performance
• Article 276 : Determination of the Term of a Deferred Obligation When Its Term is Not Specified
• Article 277 : Determination of Place of Performance
• Article 278 : Bearing the Costs of Fulfillment
• Article 279 : Request for Proof of Payment Document
• Section 2 : Extinction of Obligations by Equivalent Methods of Payment
• Sub-section 1 : Novation
• Article 280 : Provisions of Alternative Fulfillment and the Applicable Provisions
• Sub-section 2 : Set-off
• Article 281 : Set-off Conditions
• Article 282 : Occurrence of Set-off
• Article 283 : Debtor's Assertion of Set-off with Different Place of Performance
• Article 284 : Effect of Set-off
• Article 285 : Failure of One of the Conditions for Set-off
• Article 286 : Ruling on Damaging the Rights of Others through Set-off
• Article 287 : Set-off between Debt and Deposit or Borrowed Item
• Article 288 : Effect of the Statute of Limitations of a Claim on One of the Debts on Set-Off
• Article 289 : Guarantees of the Debtor's Rights Not Subject to Set-off
• Sub-section 3 : Confusion
• Article 290 : Consolidation of Creditor and Debtor Status (in One Person) in a Single Debt
• Article 291 : Effect of the Retroactive Removal of the Union of Creditor and Debtor Status
• Section 3 : Extinguishment of Obligation without Performance
• Sub-section 1 : Discharge
• Article 292 : Effect of Discharge and What Can Be Discharged
• Article 293 : Substantive Provisions of Discharge and Form of Discharge
• Sub-section 2 : Impossibility of Performance
• Article 294 : Effect of Impossibility of Performance
• Section Three : Non-Hearing of the Claim Due to the Passage of Time (Statute of Limitations Preventing the Hearing of the Claim)
• Article 295 : Effect of the Passage of Time on Rights, and Rights for Which Claims Are Not Heard After Ten Years
• Article 296 : Rights for Which Claims Are Not Heard After Five Years
• Article 297 : Rights for which claims are not heard after one year
• Article 298 : The Effect of Continued Dealings Between the Right Holder and the Debtor on the Statute of Limitations for the Claim
• Article 299 : Commencement of the Statute of Limitations for the Claim
• Article 300 : Suspension of the Limitation Period for the Lawsuit
• Article 301 : Commencement of the Statute of Limitations on Creditors with a Single Debt
• Article 302 : Circumstances of Interruption of the Statute of Limitations for the Lawsuit
• Article 303 : Effect of Transfer of Right on the Statute of Limitations for the Lawsuit
• Article 304 : Effect of Interruption of the Statute of Limitations for the Lawsuit
• Article 305 : Agreement to Shorten or Extend the Statute of Limitations, and Waiver of the Debtor's Right to Invoke the Statute of Limitations Before the Right is Established
• Article 306 : Court's Decision to Dismiss the Case Due to Statute of Limitations