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Explanation of Article 287

Explanation of Article 287

This article addresses the statement of "method of fulfillment," which is: the manner in which the debtor must fulfill the debt. The article stipulates that the method of fulfillment should be as agreed upon. For example, if the contracting parties agree that the debt should be fulfilled in cash, the debtor must fulfill the debt in cash.

It is worth noting that the method of fulfillment must be "legitimate," meaning it should not be contrary to public order or public morals. For example, it is not permissible to agree that the debt be fulfilled with drugs, unlicensed weapons, or the like.

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

Article 287

If a depositor is indebted to a depositary or a lender is indebted to a borrower, no set-off shall take place between the debt and the deposit, nor between the debt and the borrowed thing, even if the debt is of the same type as the deposit or the borrowed thing, except with the agreement of the parties.