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Civil Law

Explanation of Article 164

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.

Related To

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.