Explanation of Article 170
This article addresses the debtor's failure to fulfill their obligation in kind. The debtor is liable for compensation for non-fulfillment if specific performance becomes impossible, including delays that render it futile for the creditor. The article also clarifies that if the debtor delays specific performance, the creditor may set a reasonable period, and if the debtor does not perform, the creditor may request compensation for non-fulfillment. Compensation is not awarded if it is proven that the non-fulfillment is due to a cause beyond the debtor's control.
Related To
Article 170
-
If performance in-kind is not possible, a judgment for compensation shall be issued against the debtor; this shall include cases where performance is delayed by the debtor until the creditor no longer benefits from such performance.
-
A creditor may, if performance in-kind is delayed by the debtor, specify a reasonable deadline for performance. The creditor may request compensation for non-performance if the debtor fails to perform the obligation prior to such deadline.
-
A judgment for compensation, as provided for in paragraphs (1) and (2) of this Article, shall not be issued if the debtor establishes that non-performance is due to a reason beyond his control.