Chapter First: By Whom and to Whom Payment Must Be Made

Article 292

Article 292 - The debtor must perform the obligation personally when it results either from the terms of the contract or from the nature of the debt that entails personal performance. In any other circumstances, the execution may validly emanate from any other person, without the creditor's knowledge and consent, and without the creditor being able to oppose this intervention.

Article 293

Art. 293 - Execution must be made in the hands of the creditor or their duly accredited representative or the person designated by them for that purpose. Execution made to an unauthorized person does not discharge the debtor, except in the following cases: 1 - If the creditor has given their ratification; 2 - If they have benefited from the incorrect execution, and only to the extent that they have benefited; 3 - If payment was made in good faith to a person who had possession of the state of the creditor, such as an apparent heir.

Article 294

Article 294 - The creditor who refuses, without just cause, the payment offered to him in regular conditions, is thereby constituted in default from the moment his refusal is certified by an official act. From that moment on, any loss or deterioration of the thing are at his risk and the debt ceases to produce its interest; further, the debtor now has the right to deposit the object of the obligation at the creditor's expense and risk and thus be released from his obligation.

Article 295

Article 295 - When the object of the obligation is a fact and does not consist in the delivery of a thing, the debtor may, once the creditor has given notice to perform, terminate the contract in accordance with the provisions governing the notice period of the debtor.

Article 296

Article 296 - When the thing owed is capable of being deposited, this deposit shall be made in the place and under the conditions indicated by the court of the place of payment. If the thing is not capable of being deposited, if it is subject to perishing or if its maintenance is too costly, the debtor may, with the judge's authorization, have it publicly sold and consign the proceeds.

Article 297

Article 297 - The debtor has the right to withdraw the thing deposited as long as the creditor has not declared acceptance of the deposit. In that case, the claim reverts with all its accessories.

Article 298

Article 298 - The costs of consignment are at the creditor's expense when this measure is justified.

Article 299

Article 299 - Payment must be made on the very thing that was due; the creditor cannot be compelled to accept another, even if it is of greater value. If the thing is only determined by its kind, the debtor is not required to deliver the best kind, but he may not offer the worst.

Article 300

Article 300 - The debtor cannot impose a partial payment on the creditor; even if the obligation is divisible, the payment has an indivisibility character. However, this rule may be set aside by compensation or, as regards guarantees, by the benefit of division. Furthermore, the judge may grant the debtor in good faith extensions for payment and stagger the execution of the debt over a period that is longer or shorter.

Article 301

Article 301 - When the debt is for a sum of money, it must be paid in the currency of the country. In normal times and when the forced rate has not been established for the fiduciary currency, the parties are free to stipulate that payment will take place in determined metal coins or foreign currency.

Article 302

Art. 302 - The debt must be paid at the location determined by the agreement. In the absence of any express or implied stipulation to that effect, payment is collectable at the debtor's domicile. However, when the obligation relates to a specific thing, performance is required at the place where the thing was located at the time of contract conclusion.

Article 303

Article 303 - The creditor cannot be compelled to accept payment in advance unless the term has been stipulated solely for the benefit of the debtor. In the absence of a stipulated term or one implied by the nature of the transaction, the obligation can be performed and performance demanded immediately. The performance must take place on the due date, taking into account the provision of Article 105.

Article 304

Article 304 - The costs of payment are at the debtor's expense.

Article 305

Article 305 - The proof of payment is normally administered through the receipt that the creditor was required to deliver to the debtor and which serves as evidence of its date, by itself and vis-à-vis the parties. In the absence of a receipt, the proof may result from either the entries recorded on the registers and domestic papers of the creditor or those appearing on the credit title at the margin or following page and affixed by said creditor.

Article 306

Article 306 - The debtor who makes a total payment may require, in addition to a receipt, the return of the title or its cancellation; if the payment is only partial, he may ask that the payment be noted on the retained title kept by the creditor.