The fulfillment of an obligation requires clearly knowing where and when the performance must be executed. This regulation is essential to provide legal certainty to the parties, especially in civil and commercial relationships within the Plurinational State, where agreements must be interpreted according to objective criteria, customary practices, and the nature of the commitment assumed.
For example, if a company agrees to deliver machinery located in a specific warehouse, the place of fulfillment will be directly linked to that location, unless an express agreement states otherwise.
Criteria for Determining the Place of Fulfillment
General Rules for Establishing the Place of Fulfillment
The place where an obligation must be executed initially depends on the agreement between the parties. If no express agreement exists, applicable customs or what reasonably derives from the nature of the performance shall apply. When the obligation consists of delivering a specific item, fulfillment occurs where the item was located at the moment the obligation arose. Conversely, if the obligation involves paying a sum of money, the payment must be made at the creditor’s domicile at the time of maturity. However, if the creditor changes domicile and this creates an excessive burden for the debtor, the debtor may fulfill the obligation at their own domicile, provided prior notice is given.
For other obligations not covered by these specific rules, fulfillment must take place at the debtor’s domicile at the time of maturity. This provision seeks to balance responsibilities and avoid uncertainty regarding the location of execution.
Determining the Time of Fulfillment
Enforceability When No Term Is Established
Terms Established at the Will of One Party
When the term depends on the will of either the debtor or the creditor and is not defined, a judge may fix it upon request of the interested party. This mechanism prevents abuses and ensures that no party remains indefinitely waiting for the definition of the term.
Beneficiaries and Effects of the Term
Legal Presumption in Favor of the Debtor
The term is generally presumed to be established for the benefit of the debtor, unless the will of the parties or the circumstances indicate that it favors the creditor or both. This rule prevents the creditor from demanding fulfillment before the term expires, unless it was expressly established for their exclusive benefit.
Consequences of Early Payment
If the debtor makes a payment before the deadline, they cannot request reimbursement simply because they were unaware of the term. However, if the creditor obtains undue enrichment as a result of this early payment, the debtor may request restitution within the limits of the loss suffered. This provision safeguards patrimonial balance between the parties.
Expiration of the Term and Immediate Enforceability
The debtor loses the benefit of the term when they become insolvent or, through their own conduct, diminish or fail to provide the agreed guarantees. In such cases, the creditor may demand immediate fulfillment of the obligation. This rule seeks to protect the creditor’s rights against situations that jeopardize satisfaction of the debt.
In summary, understanding the place and time of fulfillment enables the parties to act with legal certainty, prevent conflicts, and ensure obligations are executed under fair conditions. The rules analyzed offer a clear framework for resolving doubts where agreements lack specific details.
Our law firm provides specialized guidance on the interpretation and application of civil rules related to the fulfillment of obligations, particularly useful in commercial, civil, and business contracts. If you require assistance in a similar matter, feel free to contact our professional team.
Frequently Asked Questions (FAQs)
Where must an obligation be fulfilled if there is no express agreement?
It will be fulfilled according to applicable customs or the nature of the performance. If it concerns a specific item, fulfillment occurs where the item existed when the obligation arose.
Where is a sum of money paid?
Payment must be made at the creditor’s domicile at the time of maturity, unless a domicile change makes fulfillment more burdensome for the debtor.
What happens if no deadline is set for the obligation?
The creditor may demand immediate fulfillment unless the nature or customs require granting a term, which may be fixed by a judge.
Can fulfillment be demanded before the term expires?
No, unless the agreement expressly states that the term was set exclusively for the benefit of the creditor.
When does the debtor lose the benefit of the term?
When they become insolvent or unjustifiably diminish the guarantees provided, allowing the creditor to demand immediate fulfillment.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
