Explanation of Article 188
This article addresses the statement "Effect of the lapse of the term on the increase in debt," which is: that the lapse of the debtor's right to the term results in the court reducing the increase in the debt that was in exchange for the term.
The article stipulates that if the debtor's right to the term lapses, and it is found that the term has an effect on increasing the amount of debt, the court reduces that increase, taking into account the amount of the term that has lapsed, the reason for its lapse, and the nature of the transaction. For example: if the debt was deferred to a certain term, and the term was in exchange for an increase in the amount of debt, then the debtor's right to the term lapses, the court reduces that increase, taking into account the amount of the term that has lapsed, the reason for its lapse, and the nature of the transaction.
It is worth noting that this ruling applies to all types of obligations, whether they are contracts, acknowledgments, discharges, or otherwise.
This article is considered one of the most important articles related to the effect of the lapse of the term on the increase in debt, and it clarifies the impact of the lapse of the term on the increase in debt on the obligation.
Related To
Article 188
A claim for the invalidation of a debtor's disposition shall not be heard upon the lapse of one year from the date on which the creditor becomes aware of the reason for invalidation. In all cases, no claim shall be heard upon the lapse of 10 years from the date of the disposition.