Where the delegating party is a creditor of the delegatee, its claim is extinguished only by the performance of the delegatee’s obligation to the delegatee and in due proportion.
The mere indication by the debtor of a person designated to pay in his place does not entail novation or delegation. The same applies to the mere indication made by the creditor of a person designated to receive payment on his behalf.
The creditor is entitled to the performance of the obligation; he may compel the debtor to do so under the conditions laid down by law.
Where the failure of the debtor to exercise his rights and actions of a proprietary nature compromises the rights of his creditor, the latter may exercise them on behalf of his debtor, with the exception of those which relate exclusively to his person.
The creditor may also act in his own name to have acts performed by his debtor in fraud of his rights declared unenforceable against him, provided that he establishes, in the case of an act for valuable consideration, that the third party contracting with him had knowledge of the fraud.
In cases determined by law, the creditor may act directly in payment of his claim against a debtor of his debtor.
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.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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