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Explanation of Article 209

Explanation of Article 209

This article addresses the statement of "time of fulfillment," which is: the time when the debtor must fulfill the debt. The article stipulates that the time of fulfillment is at the agreed time. For example, if the contracting parties agree that the debt should be fulfilled on a specific date, the debtor must fulfill the debt on that date.

It is worth noting that the time of fulfillment must be "known," meaning it should not be unknown or unspecified. For example, it is not permissible to agree that the debt be fulfilled "at the debtor's convenience" or "upon the creditor's request," as this is not known.

This article is considered one of the most important articles related to the time of fulfillment, as it clarifies the impact of the time of fulfillment on the obligation.

Article 209

If the agreement stipulates that the payment of the debt be made only when the debtor is solvent, the court shall set the term for payment, taking into consideration the debtor’s current and future resources and the care a reasonable person would exercise for the fulfillment of his obligations. The term shall not be enforced if the debtor’s solvency is established.