16. Performance of the Debtor

According to TCO art. 83, a debtor, as a rule, need not fulfil the obligation in person. However, where the debtor’s specific personal skills and experience is of importance to the creditor, the obligations under the contract may not be fulfilled by a third party. In this respect, the following examples can be mentioned: (1) according to TCO art. 395, unless the contrary is understood from the contract or the circumstances, an employee must perform the work in person; (2) TCO art. 506 par. 1 states that an agent, subject to certain exceptions, must carry out the obligation in person; and (3) TCO art. 471 par. 3 sent.1 states that, subject to certain exceptions, a contractor must carry out the work in person or have it carried out under his specific direction.