Explanation of Article 24
This article addresses the distinction between "consumable" items and "non-consumable" items, which results in many provisions in civil transactions, including those related to contracts of exchange such as sale and lease, or donation contracts such as gifts and wills, and those related to the rules of guarantee and compensation.
A consumable item is: "an item that perishes upon its first use, or cannot be used again except after a change in its essence."
By "perishes upon its first use," it is meant that using it once leads to its extinction, such as food and drink.
By "cannot be used again except after a change in its essence," it is meant that its use leads to a change in its form, such as fuel that burns to generate energy, seeds that turn into plants, and raw materials that turn into products.
In contrast, a non-consumable item is one that does not perish upon its first use and does not change in essence, such as real estate, land, cars, furniture, and clothing.
It is established that the criterion for describing an item as "consumable" or "non-consumable" is the nature of the item itself. For example, living in a house does not lead to its extinction, whereas consuming food leads to its extinction.
The ruling of the article is not affected if the item is intended for consumption despite its nature not requiring it, such as the sale of rare artifacts or the sale of old machines. In this case, the criterion is the intention of the parties involved.
Related To
Article 24
Public property shall be subject to the legal provisions related thereto.