Explanation of Article 245
This article addresses the explanation of the "concept of fulfillment," which is: the debtor executing his obligation, and it is the natural way for the obligation to be extinguished. The article stipulates that fulfillment is by "performing what the debtor has committed to," meaning: the debtor must execute his obligation in the agreed-upon manner, and he may not refrain from fulfillment except in the cases exempted by the article, which are:
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First: If fulfillment is "impossible," meaning that fulfillment is impossible to achieve, the debtor cannot execute his obligation. For example, if the sold item is destroyed before delivery, the debtor cannot deliver it, and in this case, the obligation is extinguished without fulfillment.
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Second: If fulfillment is "without the creditor's consent," meaning that the debtor executes his obligation, but without the creditor's consent, in this case, the fulfillment is not considered valid, and the obligation is not extinguished.
It should be noted that fulfillment must be "correct," meaning: the fulfillment must match what was agreed upon by the parties, without any change or modification. For example, if the debtor is obligated to deliver a specific car, he may not deliver a different car.
This article is considered one of the most important articles related to fulfillment, as it clarifies how the obligation is extinguished and enumerates its methods.
Related To
Article 245
A debtor may invoke against an assignee the defenses that he could have invoked against the assignor at the time the assignment became effective against him; he may also invoke any defenses arising from the assignment contract.