Explanation of Article 169
This article addresses the provisions of specific performance in the obligation to perform an act. It stipulates that if the agreement specifies or the nature of the work requires that the debtor personally fulfill the obligation, the creditor may refuse fulfillment by anyone other than the debtor. If the debtor fails to fulfill his obligation, the creditor may request permission from the court to execute the obligation at the debtor's expense if such execution is possible. In urgent cases, the creditor may execute the obligation at the debtor's expense without court permission. Additionally, a court ruling may substitute the execution of the work if the nature of the obligation requires it.
Related To
Article 169
If a debtor breaches his obligation to refrain from a certain action, the creditor may request remedy of such breach, together with compensation, if applicable. The creditor may petition the court for permission to remedy such breach at the debtor’s expense.