Explanation of Article 190
This article addresses the statement of the "concept of alternative obligation," which is: that its subject includes multiple items, and the debtor's obligation is discharged if they fulfill one of them.
The article states that the obligation is alternative if its subject includes multiple items. For example, if a person says to another: "I sell you this car or this house," in this case, the obligation is alternative, and the debtor's obligation is discharged if they fulfill one of them.
It should be noted that the choice in an alternative obligation belongs to the debtor, unless there is an agreement or statutory provision to the contrary. For example, it is permissible to agree that the choice belongs to the creditor, or it may be statutorily provided that the choice belongs to the creditor.
This article is considered one of the most important articles related to the concept of alternative obligation, and it clarifies the impact of alternative obligation on the obligation.
Related To
Article 190
If the contracting parties conceal a real contract with a simulated contract, the real contract shall be the contract enforceable between the contracting parties and their universal successors.