Section 1: Payment

Payment is the voluntary performance of the service due. It must be made as soon as the debt becomes due. It releases the debtor from the creditor and extinguishes the debt, except where the law or the contract provides for subrogation in the creditor’s rights.

Payment may be made even by a person who is not obliged to do so, unless the creditor legitimately refuses.

Payment must be made to the creditor or to the person designated to receive it. Payment made to a person who was not entitled to receive it is nevertheless valid if the creditor ratifies it or if he has benefited from it. Payment made to a creditor unable to contract is not valid, if he has not benefited from it.

A payment made in good faith to an apparent creditor is valid.

The creditor may refuse a partial payment even if the benefit is divisible. He may agree to receive in payment something other than what is due. .

The debtor of an obligation to deliver a certain body is discharged by its delivery to the creditor in the same condition, unless he proves, in the case of deterioration, that the deterioration is not due to his act or to that of persons for whom he is responsible. .

Failing any other designation by law, contract or judge, payment must be made at the debtor’s domicile.

Payment costs are to be borne by the debtor.

Payment can be proven by any means.

Voluntary delivery by the creditor to the debtor of the original under private signature or of the enforceable copy of the instrument of his claim is equivalent to a simple presumption of discharge. The same delivery to one of the joint and several co-debtors produces the same effect with regard to all.