Explanation of Article 281
This article addresses the statement of "contracting for the act of another," which is: when a person contracts with another person and commits that a third person will perform a specific act. The article stipulates that contracting for the act of another occurs in two cases:
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First: If the contracting is "on behalf," meaning that a person contracts in the name of another person. In this case, the contractor is obligated to contract in the name of the other, and the contract produces its effects on the rights of the other.
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Second: If the contracting is "voluntary," meaning that a person contracts in his own name, but the contract is for the benefit of another person. In this case, the contractor is obligated by the contract, and the contract produces its effects on his rights, unless the other approves the contract. In this case, the contract becomes "valid" and produces its effects on the rights of the other.
It is worth noting that contracting for the act of another differs from contracting for the benefit of another in that contracting for the act of another involves the obligation of a third person, whereas contracting for the benefit of another involves the creation of a right for a third person.
This article is considered one of the most important articles related to contracting for the act of another, as it clarifies how to contract for the act of another and enumerates its methods.
Related To
Article 281
A debtor may set off the amount of a debt payable to his creditor by any amount the creditor owes the debtor even if the cause of each debt is different, provided that the subject of each debt is cash or fungibles of the same type and nature and that both debts are not disputed, may be claimed in court, and may be subject to attachment.