Performance

The debtor could discharge the obligation by performance or fulfilment (solutio)^{^[1016]}of the duty undertaken.

He could do so personally or arrange that it be accomplished by a third person, even if the creditor was unaware of it or had forbidden it. An exception to the rule that anybody could make performance on behalf of the debtor arose in cases where the performance was of such a nature that it could be carried out only by the debtor himself. This would be the case, for example, where an artist had been commissioned to create a particular work of art. The performance could be rendered to the creditor or a third person authorized or appointed by the creditor (for instance, a creditor of the creditor).^{^[1017]}

The performance had to be that which was due. If the debtor tendered performance of something other than what was due, no release was effected. It was possible, however, for the creditor to accept an alternative performance (referred to as datio in solutum) and, in such case, the debtor's obligation was extinguished.^{^[1018]} Furthermore, performance had to be tendered in full and, unless otherwise agreed, the creditor could reject performance by way of instalments.

The parties often prescribed the time at which and place where performance had to be rendered for the legal act in question. Where the parties had neglected to do so, these particulars were determined by reference to the circumstances of the case, such as the type of performance due and the practical implications of its delivery.^{^[1019]}

4.13.2

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Source: Mousourakis G.. Fundamentals of Roman Private Law. Springer, 2012.— 366 p.. 2012

Performance

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