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Civil Law

Explanation of Article 265

Explanation of Article 265

This article addresses the statement of the "effect of discharge," which is: that discharge results in the termination of the obligation, so the creditor is not entitled to claim the debt, nor is the debtor entitled to refuse fulfillment.

The article stipulates that discharge leads to the termination of the obligation, for example: if the creditor discharges the debtor from the debt, the obligation is terminated, and the creditor is not entitled to claim the debt again.

It is worth noting that this ruling 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 the effect of discharge, as it clarifies the impact of discharge on the obligation.

Related To

Article 265

  1. Payment shall be made to the creditor or to his agent. Any person who provides the debtor with a letter of discharge issued by the creditor shall have the capacity to collect the debt, unless it is agreed that the payment be made personally to the creditor.

  2. If the creditor is fully or partially incompetent, the debtor shall be discharged only by paying the debt to the creditor’s guardian or trustee. Payment may be made to a partially incompetent creditor if the obligation was created with the authorization of his trustee or guardian and the trustee or guardian did not preclude payment to such person.