Explanation of Article 179
This article addresses the statement of the "illegal condition," which is: that the condition upon which the obligation is contingent is illegal.
The article stipulates that the obligation does not arise if it is contingent upon a condition intended to encourage an illegal act. This means that the condition is contrary to public order or public morals. For example, it is not permissible to make an obligation contingent upon a condition like: "I will sell you this car if you kill so-and-so," as this is an illegal act.
It is worth noting that this ruling applies to all types of obligations, whether they are contracts, declarations, releases, or otherwise.
This article is considered one of the most important articles related to the illegal condition, and it clarifies the impact of the illegal condition on the obligation.
Related To
Article 179
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A compensation that is contractually agreed upon by the parties shall not be payable if the debtor proves that the creditor has sustained no harm.
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The court may, upon a petition by the debtor, reduce the compensation if the debtor establishes that the agreed-upon compensation was excessive or that the original obligation was partially performed.
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The court may, upon a petition by the creditor, increase the amount of compensation to the extent necessary to cover the harm if the creditor establishes that an act of fraud or gross negligence by the debtor is what caused the harm to exceed the agreed-upon compensation.
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Any agreement in violation of the provisions of this Article shall be null and void.