Explanation of Article 266
This article addresses the statement of "impossibility of performance," which is: when the performance of the obligation becomes impossible, without any act by the debtor. The article stipulates that the impossibility of performance leads to the extinguishment of the obligation, meaning that the obligation becomes impossible to achieve, and the debtor cannot fulfill their obligation. For example, if the sold item is damaged before delivery, the debtor cannot deliver it; in this case, the obligation is extinguished without fulfillment.
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 impossibility of performance, and it clarifies the impact of impossibility of performance on the obligation.
Related To
Article 266
If a creditor rejects without justification a valid tender of performance, fails to perform the acts required for performance, or notifies the debtor that he will not accept the performance, the debtor may notify him in accordance with this Law.