You are on page 1of 1

LAW 1 Art. 1231-1261 4.

In an obligation not to do something, by


desisting or refraining from doing the
forbidden undertaking.
Article 1231. Obligations are extinguished:

(1) By payment or by performance


(2) By the loss of the thing due
(3) By the condonation or remission of the
debt;
(4) By the confusion or merger of the rights of
creditor and debtor;
(5) By compensation
(6) By novation

In addition, the following also extinguish


obligations:

1. Compromise
2. Happening of a fortuitous event
3. Death of a party in personal obligations
4. Impossibility of fulfillment
5. Mutual desistance

Section 1 : Payment or Performance

Article 1232. Payment means not only the delivery


of money but also the performance, in any other
manner, of an obligation

Payment means the delivery of money or thing (in


obligations to give), the doing of a thing (in
obligations to do) or the desistance from doing
something (in obligations not to do).

Performance means that the parties to the contact


have done that which they agreed to do. The
possibility of non-performance should be
anticipated when drawing up contract terms and
conditions.

How payment is made

1. In a monetary obligation, by the delivery of


the money in full.
2. In an obligation to deliver a thing or an
object, by the delivery of the thing or object
3. In an obligation to do something, by the
performance of the supposed undertaking

You might also like