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Explanation of Article 211

Explanation of Article 211

This article addresses the statement of "method of fulfillment," which is: the manner in which the debtor must fulfill the debt. The article stipulates that the method of fulfillment should be as agreed upon. For example, if the contracting parties agree that the debt should be fulfilled in cash, the debtor must fulfill the debt in cash.

It is worth noting that the method of fulfillment must be "legitimate," meaning it should not be contrary to public order or public morals. For example, it is not permissible to agree that the debt be fulfilled with drugs, unlicensed weapons, or the like.

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

Article 211

  1. An obligation shall be deemed a facultative obligation if its subject includes only one thing and the debtor has the right to substitute such thing with another.

  2. The original thing, not the substitute, shall be the only subject of the obligation, and shall determine its nature.