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Explanation of Article 226

Explanation of Article 226

This article addresses the explanation of "discharge," which is: the creditor's waiver of their right to the debt. The article stipulates that the discharge can be through "any action or statement indicating the waiver," meaning that the discharge must be clear and decisive, without any ambiguity or hesitation. For example, if the creditor says to the debtor: "I discharge you from the debt," this is considered an explicit discharge.

It is worth noting that the discharge must be "with the creditor's consent," meaning that the creditor must have agreed to waive their right to the debt; the discharge cannot occur without the creditor's consent.

This article is considered one of the most important articles related to discharge, as it clarifies how an obligation is extinguished and enumerates its methods.

Article 226

A solidary debtor may not invoke any set-off between the creditor and another solidary debtor except to the extent of the other debtor’s share.