Explanation of Article 216
This article addresses the statement "fulfillment by a non-debtor," which is when a person other than the debtor fulfills the debt. The article stipulates that fulfillment by a non-debtor is permissible unless there is an agreement or statutory provision to the contrary. For example, if the contracting parties agree that fulfillment by a non-debtor is not allowed, then in this case, fulfillment by a non-debtor is not permissible.
It is worth noting that this provision applies to all types of obligations, whether they are contracts, declarations, discharges, or otherwise.
This article is considered one of the most important articles related to fulfillment by a non-debtor, and it clarifies the impact of fulfillment by a non-debtor on the obligation.
Related To
Article 216
If a debtor is discharged from liability towards one of the solidary creditors for a reason other than payment of the debt, he shall not be discharged from liability towards the other creditors except in proportion to the share of such creditor.