Explanation of Article 277
This article addresses the statement of "conditions for the transfer of debt," which are: the conditions that must be met for the validity of the transfer of debt. The article stipulates that the conditions for the transfer of debt include:
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First: "The debt must be transferable," meaning: the debt must be such that it can be transferred; debts that are not transferable by statutory provision cannot be transferred.
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Second: "The debt must be known," meaning: the debt being transferred must be known; it is not permissible to transfer an unknown or unspecified debt.
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Third: "The transfer must be explicit," meaning: the transfer must be clear and decisive, without any ambiguity or hesitation. For example, the transfer cannot be implicit, conditional, or unknown.
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Fourth: "The creditor must consent to the transfer," meaning: the creditor must agree to the transfer of the debt to the new debtor; the transfer has no effect on the creditor's rights until they consent to it.
It should be noted that these conditions do not affect the existence of the debt but rather its transfer.
This article is considered one of the most important articles related to the conditions for the transfer of debt, as it clarifies the impact of these conditions on the obligation.
Related To
Article 277
The place of performance, if not designated by an agreement or a legal provision, shall be designated as follows:
a) If the obligation is contractual, the place of performance shall be the place where the obligation is created. However, if the subject of the obligation is a specific thing, it shall be delivered to the place where it was located at the time the obligation was created.
b) If the obligation is non-contractual, the place of performance shall be the debtor's domicile at the time of performance, or the place where he conducts his business if the obligation relates to such business.