Explanation of Article 288
This article addresses the statement of "payment expenses," which are the expenses incurred in the fulfillment of a debt. The article stipulates that the payment expenses are borne by the debtor, unless there is an agreement or statutory provision to the contrary. For example, if the contracting parties agree that the payment expenses are to be borne by the creditor, then in this case, the payment expenses will be on the creditor.
It is worth noting that the payment expenses must be "legitimate," meaning they must not be contrary to public order or public morals. For instance, payment expenses cannot be in the form of drugs, unlicensed weapons, or similar items.
This article is considered one of the most important articles related to payment expenses, as it clarifies the impact of payment expenses on the obligation.
Related To
Article 288
If a claim for either debt is not heard due to the lapse of the statute of limitations at the time of asserting the set-off, this shall not preclude such set-off from taking place if its conditions are met before the lapse of the statute of limitation.