Explanation of Article 256
This article addresses the concept of "performance by substitution," which means that the debtor fulfills their obligation by providing something other than what was originally agreed upon, provided the creditor consents. The article states that performance by substitution occurs in two cases:
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First: If the performance is "something else," meaning the debtor fulfills their obligation by providing something other than what was originally agreed upon. For example, if the debtor was obligated to deliver a car and instead provides a sum of money, and the creditor accepts this, the obligation is discharged in this case.
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Second: If the performance is "a benefit," meaning the debtor fulfills their obligation by providing a different benefit than what was originally agreed upon. For example, if the debtor was obligated to build a house and instead provides another service, and the creditor accepts this, the obligation is discharged in this case.
It should be noted that performance by substitution must be "with the consent of the creditor," meaning the creditor must agree to the performance by substitution. It is not permissible for performance by substitution to occur without the creditor's consent.
This article is considered one of the most important articles related to performance by substitution, as it clarifies how obligations are discharged and the various methods of doing so.
Related To
Article 256
If the obligee consents to the assignment of the contract, the assignor shall be discharged from liability towards him with respect to any future obligation. If, however, the obligee does not consent to such assignment, the assignor shall perform the contract jointly with the assignee, unless agreed otherwise or the circumstances indicate that the enforcement of the assignment is conditional upon the obligee’s consent.