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Explanation of Article 254

Explanation of Article 254

This article addresses the statement "fulfillment by a non-debtor," which is when a person other than the debtor fulfills the debt. The article stipulates that fulfillment by a non-debtor is permissible unless there is an agreement or statutory provision to the contrary. For example, if the contracting parties agree that fulfillment by a non-debtor is not allowed, then in this case, fulfillment by a non-debtor is not permissible.

It is worth noting that this provision applies to all types of obligations, whether they are contracts, declarations, discharges, or otherwise.

This article is considered one of the most important articles related to fulfillment by a non-debtor, and it clarifies the impact of fulfillment by a non-debtor on the obligation.

Article 254

An assignor shall warrant the assignee’s solvency at the time of making the assignment if the assignment is between the assignor and the creditor; he shall also warrant the assignee’s solvency at the time the assignment becomes effective if it is between the assignor and the assignee, unless agreed otherwise.