Explanation of Article 72
This article addresses the explanation of "fulfillment," which is: the debtor executing their obligation, and it is the natural way for the obligation to be extinguished. The article states that fulfillment is by "performing what the debtor has committed to," meaning that the debtor must execute their obligation in the agreed-upon manner. They cannot refuse to fulfill it except in the cases exempted by the article, which are:
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First: If fulfillment is "impossible," meaning that fulfillment cannot be achieved. The debtor cannot execute their obligation, for example, if the sold item is damaged before delivery, the debtor cannot deliver it. In this case, the obligation is extinguished without fulfillment.
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Second: If fulfillment is "without the creditor's consent," meaning that the debtor executes their obligation, but without the creditor's consent. In this case, the fulfillment is not considered valid, and the obligation is not extinguished.
It is worth noting that fulfillment must be "correct," meaning that it must match what the parties agreed upon, without any change or modification. For example, if the debtor is obligated to deliver a specific car, they cannot deliver a different car.
This article is considered one of the most important articles related to fulfillment, as it clarifies how the obligation is extinguished and enumerates its methods.
Related To
Article 72
- The subject of an obligation must satisfy the following conditions:
a) The subject in itself shall be feasible.
b) The subject shall not be in violation of public policy.
c) The object shall be a specific thing, a thing the type and quantity of which are specified, or a thing that may be specified.
- The contract shall be null and void if its subject fails to satisfy the conditions stipulated in paragraph (1) of this Article.