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Explanation of Article 165

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.

Article 165

  1. 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.

  2. 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.