Explanation of Article 235
This article addresses the statement of the "concept of assignment of rights," which is: the transfer of a right from one creditor to another, without changing the debtor. The article stipulates that the assignment of rights must be by "agreement between the original creditor and the new creditor," meaning that the original creditor and the new creditor must agree on the transfer of the right, and the assignment cannot occur without the debtor's consent.
It is worth noting that the assignment of rights must be "explicit," meaning that the assignment must be clear and decisive, without any ambiguity or hesitation. For example, the assignment cannot be implicit, conditional, or unknown.
This article is considered one of the most important articles related to the concept of assignment of rights, as it clarifies the impact of the assignment of rights on the obligation.
Related To
Article 235
An obligation shall be indivisible if the subject thereof cannot be divided due to its nature, or if the purpose intended by the contracting parties is to perform the obligation indivisibly.