Explanation of Article 167
This article addresses the method of specific performance in the obligation to transfer a real right. It stipulates that if the right pertains to a thing specified by type and not by individuality, it does not pertain to any specific item of that type until it is segregated. If the debtor fails to fulfill his obligation, the creditor may obtain an item of this type at the debtor's expense with the court's permission, or without it in urgent cases, without prejudice to the creditor's right to compensation.
Related To
Article 167
If the obligation is the performance of an action, the following provisions shall apply:
a) If the agreement or the nature of the action requires that the debtor perform the obligation himself, the creditor may refuse performance of the action by any other person.
b) If the debtor fails to perform his obligation, the creditor may petition the court for permission to perform the obligation at the debtor’s expense if such performance is possible. The creditor may, in urgent circumstances, perform such obligation at the debtor’s expense without the court’s permission.
c) A court ruling shall stand in place of the performance of the obligation if the nature of the obligation so requires.