Explanation of Article 264
This article addresses the explanation of "discharge," which is: the creditor's waiver of their right to the debt. The article stipulates that the discharge can be through "any action or statement indicating the waiver," meaning that the discharge must be clear and decisive, without any ambiguity or hesitation. For example, if the creditor says to the debtor: "I discharge you from the debt," this is considered an explicit discharge.
It is worth noting that the discharge must be "with the creditor's consent," meaning that the creditor must have agreed to waive their right to the debt; the discharge cannot occur without the creditor's consent.
This article is considered one of the most important articles related to discharge, as it clarifies how an obligation is extinguished and enumerates its methods.
Related To
Article 264
If a debtor pays his debts to some of his creditors during his terminal illness and his estate is not sufficient to pay his debt to the other creditors, said creditors shall have the right of recourse against those whose debts have been paid and share with them the received payments in proportion to their respective shares.