Explanation of Article 75
This article addresses the statement of "delegation in fulfillment," which is: a person executing the obligation of another person. The article stipulates that delegation in fulfillment occurs in two cases:
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First: "Complete delegation," which is: the person replaces the original debtor in executing the obligation, so that the original debtor is no longer responsible for the obligation. For example, if a person owes another a certain amount, and then delegates another person to execute the obligation, and the creditor accepts this, in this case, the delegation becomes complete, and the obligation is extinguished for the original debtor.
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Second: "Partial delegation," which is: the person replaces the original debtor in executing the obligation, but the original debtor remains responsible for the obligation. For example, if a person owes another a certain amount, and then delegates another person to execute the obligation, and the creditor does not accept this, in this case, the delegation becomes partial, and the original debtor remains responsible for the obligation.
It is worth noting that delegation in fulfillment differs from transfer in that transfer involves the transfer of the debt, whereas delegation in fulfillment involves the execution of the debt.
This article is considered one of the most important articles related to delegation in fulfillment, as it clarifies how the obligation is extinguished and the various ways it can occur.
Related To
Article 75
Any contract concluded on unlawful grounds shall be deemed null and void if such grounds are explicitly stated in the contract or if they can be inferred from the contracting circumstances.