Explanation of Article 234
This article addresses the concept of "transformation in obligation," which means that the nature of the obligation, its parties, its subject, or its cause changes without the obligation being extinguished. The article states that transformation in obligation occurs in two cases:
-
First: "Assignment," which means that the debt is transferred from one creditor to another, or from one debtor to another, without the original debt being extinguished. For example, if a creditor assigns his debt to another person, the debt is transferred to the other person, and the debtor remains responsible for the debt.
-
Second: "Delegation," which means that a person fulfills the obligation of another person. This can be a complete delegation or a partial delegation.
It is worth noting that transformation in obligation does not lead to the extinguishment of the obligation but rather results in a change in its nature, parties, subject, or cause.
This article is considered one of the most important articles related to transformation in obligation, as it clarifies the impact of transformation on the obligation.
Related To
Article 234
-
If a solidary debtor pays more than his share in the debt, his right of recourse against any of the remaining debtors for the excess payment shall be limited to the share of such debtor, even if the payer assumes the position of the creditor by way of subrogation.
-
The shares of solidary debtors shall be equal with respect to their claims of recourse against one another, unless an agreement or a legal provision stipulates otherwise. If only one debtor benefits from the debt, said debtor shall bear the debt in full against the other debtors.
-
If a solidary debtor is found to be insolvent, the debtor who pays the debt shall, along with the solvent debtors, bear the effects of such insolvency, each to the extent of his share.