Explanation of Article 238
This article addresses the explanation of the "concept of debt transfer," which is: the transfer of debt from one debtor to another, without changing the creditor. The article stipulates that the transfer of debt occurs through an "agreement between the original debtor and the new debtor," meaning that the original debtor and the new debtor agree on the transfer of the debt, provided the creditor consents.
It should be noted that the transfer of debt must be "explicit," meaning that the transfer must be clear and decisive, without any ambiguity or hesitation. For example, the transfer cannot be implicit, conditional, or unknown.
This article is considered one of the most important articles related to the concept of debt transfer, as it clarifies the impact of debt transfer on the obligation.
Related To
Article 238
A creditor may assign his right to another person, unless otherwise stipulated by a legal provision, an agreement, or the nature of the obligation. The debtor’s consent shall not be required for the assignment to take effect.