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Civil Law

Explanation of Article 228

Explanation of Article 228

This article addresses the statement of "impossibility of performance," which is: when the performance of the obligation becomes impossible, without any act by the debtor. The article stipulates that the impossibility of performance leads to the extinguishment of the obligation, meaning that the obligation becomes impossible to achieve, and the debtor cannot fulfill their obligation. For example, if the sold item is damaged before delivery, the debtor cannot deliver it; in this case, the obligation is extinguished without fulfillment.

It is worth noting that this ruling 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 the impossibility of performance, and it clarifies the impact of impossibility of performance on the obligation.

Related To

Article 228

  1. If the creditor releases a solidary debtor only from his share of the debt, said debtor, along with the other debtors, shall be released from the debt to the extent of his share, but he shall not be released from solidary liability.

  2. If the creditor releases a solidary debtor from solidary liability, said debtor shall remain liable only for his share of the debt and the creditor may not demand the debtor to pay the share of the other debtors. The other debtors shall have the right of recourse against the released debtor for the payments made on his behalf due to their solidary liability.

  3. If the creditor fully releases a solidary debtor from the debt, such release shall include both the debt and the solidary liability, unless the circumstances or the nature of the dealing indicates that the release is limited to either the debt or the solidary liability.