Question: EXPLAIN SHORT AND CLEARLY. AND GIVE AN EXAMPLE. Article 1239 In obligations to give, payment made by one who does not have the free disposal

EXPLAIN SHORT AND CLEARLY. AND GIVE AN EXAMPLE.

Article 1239

  • In obligations to give, payment made by one who does not have the free disposal of the thing due and capacity to alienate it shall not be valid, without prejudice the provisions of article 1427 under the title or natural obligations

Hence, Payor must have:

1.free disposal of the thing due

2.capacity to alienate it

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