Explanation of Article 272
This article addresses the concept of "transformation in obligation," which means that the nature of the obligation, its parties, its subject, or its cause changes without the obligation being extinguished. The article states that transformation in obligation occurs in two cases:
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First: "Assignment," which means that the debt is transferred from one creditor to another, or from one debtor to another, without the original debt being extinguished. For example, if a creditor assigns his debt to another person, the debt is transferred to the other person, and the debtor remains responsible for the debt.
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Second: "Delegation," which means that a person fulfills the obligation of another person. This can be a complete delegation or a partial delegation.
It is worth noting that transformation in obligation does not lead to the extinguishment of the obligation but rather results in a change in its nature, parties, subject, or cause.
This article is considered one of the most important articles related to transformation in obligation, as it clarifies the impact of transformation on the obligation.
Related To
Article 272
Performance shall be made using the original subject of the debt. The creditor shall not be compelled to accept a substitute, even if it is of greater value.