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Civil Law

Explanation of Article 166

Explanation of Article 166

This article addresses the conditions for specific performance of an obligation. It stipulates that the debtor, after being notified, is compelled to perform his obligation specifically whenever possible. If specific performance is burdensome for the debtor, the court may, upon his request, limit the creditor's right to compensation if this does not cause significant harm to the creditor. This article distinguishes between specific performance and the obligation to compensate.

Related To

Article 166

  1. An obligation to transfer a right in rem shall include the obligation to deliver the thing and to safekeep it until it is delivered. The debtor shall be liable if such thing is destroyed or damaged before it is delivered.

  2. If the subject of an obligation is an action and such action requires the delivery of a thing, the debtor shall be liable if he, after being notified, fails to deliver such thing until it is destroyed or damaged, unless it is established that the destruction or damage would have occurred even if the thing was delivered to the creditor.