The expiration of the obligation to substitute for fulfillment

Abstract

When we talk about the expiration of an obligation, we refer to the situation in which a person ceases to fulfill their commitments or promises. There could be several reasons leading to this.

One common reason is the inability to fulfill obligations, which may occur when there is significant pressure on the person due to other commitments or challenging circumstances. In such a case, the person may be unable to fulfill their promises and meet the commitment requirements.

Otherwise, there may be a lack of interest in personal commitments. For example, a person may no longer consider the commitment important and might ignore or bypass it without consideration.

The surrounding circumstances of an individual may change, rendering the commitment unattainable. This happens when there are changes in the person's economic, health, or social situation. In such a case, the person may find it impossible to fulfill their obligations due to the changes in their life.

It is important to note that the expiration of commitments can have a negative impact on personal and professional relationships. When a person fails to fulfill their commitments, they lose credibility and the trust of others, leading to deteriorating relationships and missed professional opportunities. Therefore, a person must be honest and committed to their promises to maintain good relationships and achieve success in life.

For the significance of this matter, I have written this brief research to understand how the expiration of commitments, serving as a surrogate for fulfillment, occurs.

The expiration of commitments, serving as a surrogate for fulfillment, means that the person has not fulfilled their commitments or promises. There could be several reasons for this, such as the inability to fulfill obligations, lack of interest in commitments, or changes in circumstances that make the commitment unattainable. In some cases, the expiration of commitments can have a negative impact on personal and professional relationships, as the person loses credibility and the trust of others. Therefore, the person should be honest and committed to their promises to maintain good relationships and succeed in life.

Upon fulfilling their right, the creditor's acceptance serves as a substitute for what is intended to compensate for all their entitlements and the deserving thing that practically serves this fulfillment.

There are two pillars to fulfilling in exchange. There must be an agreement between the creditor and the debtor to substitute the original place of fulfillment by transferring ownership of another thing from the debtor to the creditor.

Eligibility must be available to both parties, and the will of both parties must be free from defects without error, deceit, coercion, or exploitation. The agreement must have a cause, where the cause is the fulfillment of the original debt, and the substitute is the transfer of ownership of another thing from the debtor to the creditor. The agreement is proven by the fulfillment of the counterpart in accordance with the general rules of proof. Suppose the creditor proves that they accepted receiving something wrongfully without reservation. In that case, it is presumed, until proven otherwise, that they agreed for it to serve as a substitute for fulfillment.

Merely agreeing on the counterpart for fulfillment is insufficient; it must also be executed by the actual transfer of ownership from the debtor to the creditor. Consequently, fulfillment of the counterpart cannot be achieved through a will, where the debtor bequeaths money to fulfill the debt. This is because a will can permanently be revoked, and ownership of the bequeathed property does not transfer to the beneficiary during the testator's lifetime. Also, fulfillment is not achieved if the debtor retains the right to reclaim the property they surrendered for the debt.