Explanation of Article 249
This article addresses the statement of "method of fulfillment," which is: the manner in which the debtor must fulfill the debt. The article stipulates that the method of fulfillment should be as agreed upon. For example, if the contracting parties agree that the debt should be fulfilled in cash, the debtor must fulfill the debt in cash.
It is worth noting that the method of fulfillment must be "legitimate," meaning it should not be contrary to public order or public morals. For example, it is not permissible to agree that the debt be fulfilled with drugs, unlicensed weapons, or the like.
This article is considered one of the most important articles related to the method of fulfillment, as it clarifies the impact of the method of fulfillment on the obligation.
Related To
Article 249
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An assignment of debt shall take effect if there is an agreement between an assignor and an assignee, and shall not be enforceable against a creditor, unless he accepts the assignment.
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If the creditor does not accept the assignment, the assignee shall be liable towards the assignor for the performance of the obligation to the creditor, unless agreed otherwise or the circumstances indicate that the enforcement of the assignment is conditional upon the creditor’s acceptance.