Explanation of Article 184
This article addresses the explanation of the "concept of term," which is: that the enforcement or termination of an obligation is contingent upon a future event that is certain to occur.
The article stipulates that an obligation is for a term if its enforcement or termination is contingent upon a future event that is certain to occur. For example, if a person says to another: "I will sell you this car after a month," in this case, the obligation is for a term, and the obligation is enforced after a month.
It is worth noting that the term is not considered a condition for the obligation if it is a past or present event, or if it is an impossible event. In these cases, the obligation is considered immediate or void and is not for a term.
The article emphasizes that the term must be "future," meaning it must not have occurred in the past or present but must occur in the future. For example, it is not permissible to condition on a term: "If the sun rises from the east," as this is a past or present event.
The article also emphasizes that the term must be "certain to occur," meaning it must not be impossible but certain to occur in the future. For example, it is not permissible to condition on a term: "If a human flies in the air," as this is an impossible event.
This article is considered one of the most important articles related to the concept of term, as it clarifies the types of terms and their impact on the obligation.
Related To
Article 184
Any person who receives a right from a debtor whose debts exceed the value of his property may be released from a claim for invalidation of the debtor’s disposition if such person makes a deposit equivalent to the value of the received right with an entity to be designated by the Minister of Justice.