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Explanation of Article 292

Explanation of Article 292

This article addresses the statement "fulfillment by a non-debtor," which is when a person other than the debtor fulfills the debt. The article stipulates that fulfillment by a non-debtor is permissible unless there is an agreement or statutory provision to the contrary. For example, if the contracting parties agree that fulfillment by a non-debtor is not allowed, then in this case, fulfillment by a non-debtor is not permissible.

It is worth noting that this provision applies to all types of obligations, whether they are contracts, declarations, discharges, or otherwise.

This article is considered one of the most important articles related to fulfillment by a non-debtor, and it clarifies the impact of fulfillment by a non-debtor on the obligation.

Article 292

  1. An obligation shall be extinguished if the creditor discharges the debtor from the debt. Such discharge shall not be conditional upon the debtor's consent; if, however, the discharge is rejected by the debtor, the debt shall become due again.

  2. Discharge shall apply only to existing debts, even if not due.