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Explanation of Article 273

Explanation of Article 273

This article addresses the statement of the "concept of assignment of rights," which is: the transfer of a right from one creditor to another, without changing the debtor. The article stipulates that the assignment of rights must be by "agreement between the original creditor and the new creditor," meaning that the original creditor and the new creditor must agree on the transfer of the right, and the assignment cannot occur without the debtor's consent.

It is worth noting that the assignment of rights must be "explicit," meaning that the assignment must be clear and decisive, without any ambiguity or hesitation. For example, the assignment cannot be implicit, conditional, or unknown.

This article is considered one of the most important articles related to the concept of assignment of rights, as it clarifies the impact of the assignment of rights on the obligation.

Article 273

  1. A debtor may not compel a creditor to accept partial payment of a single debt, unless a legal provision or an agreement stipulates otherwise.

  2. If part of the debt is disputed and the creditor accepts the collection of the undisputed part, the debtor may not refuse payment of such part.