Explanation of Article 176
This article addresses the statement of "incidental descriptions of the obligation," which are: matters that arise concerning the obligation and alter its nature, effects, parties, or subject.
The article stipulates that the incidental descriptions of the obligation include:
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First: "Condition," which is: a future event that may or may not occur, and upon its occurrence, the existence or termination of the obligation is contingent.
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Second: "Term," which is: a future event that is certain to occur, and upon its occurrence, the obligation becomes effective or expires.
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Third: "Multiplicity of the subject of the obligation," which is: when the subject of the obligation consists of multiple items, or there is an alternative obligation.
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Fourth: "Multiplicity of the parties to the obligation," which is: when there is more than one creditor or more than one debtor.
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Fifth: "Indivisibility of the obligation," which is: when the obligation is indivisible.
It should be noted that these descriptions do not affect the existence of the obligation but rather affect its nature, effects, parties, or subject, such as the condition, term, multiplicity of the subject of the obligation, multiplicity of the parties to the obligation, indivisibility of the obligation, and the like.
This article is considered one of the most important articles related to the incidental descriptions of the obligation, as it clarifies the types of incidental descriptions and their impact on the obligation.
Related To
Article 176
Notification of the debtor is not required in the following cases:
a) If the parties, explicitly or implicitly, agree that the maturity date of the debt is deemed a notification of the debtor.
b) If performance of the obligation becomes impossible or fruitless due to an act by the debtor.
c) If the subject of the obligation is payment of compensation arising from a harmful act.
d) If the subject of the obligation is to return a thing the debtor received unlawfully and he was aware of such unlawfulness.
e) If the debtor states in writing that he will not perform his obligation.