Section 311.-  The provisions of the foregoing section are applied correspondingly, if a creditor is designated in the instrument, but it is added that performance shall be made to the holder of such instrument.

 

Section 312.- The debtor of an obligation performable to order cannot set up against any transferee in good faith defences which he might have set up against the original creditor, except such as appear on the face of the instrument or result naturally from its character.

 

Section 313.- the provisions of the foregoing section are applied correspondingly to obligations performable to bearer, as the case may be.

 

CHAPTER V

EXTINCTION OF OBLIGATIONS

PART I

PERFORMANCE

 

Section 314.- Performance of an obligation may be made by any third person, unless its nature does not admit of it, or the parties concerned have declared a contrary intention.

A person, who has no interest in the performance, cannot make performance against the will of the debtor.

 

Section 315.- Performance must be made to the creditor or a person having authority to receive performance on his behalf. A performance made to a person, who has no authority to receive, is valid if the creditor ratifies it.

 

Section 316.- If performance is made to the apparent possessor of an obligation, it is valid only if the person making performance acted in good faith.

 

Section 317.- Except on the case mentioned in the foregoing section, a performance made to a person, who is not entitled to receive it, is valid only to the extent to which the creditor has been enriched thereby.

 

Section 318.- A person, who holds a receipt, is deemed to have a right to receive performance ; but this does not be applied, if the person making performance knows that such right does not exist or is ignorant thereof by reason of his negligence.

 

Section 319.- When a third debtor, who has been ordered by a Court to refrain from making performance, has made the same to his own creditor, the seizing creditor may, in so far as he has sustained damage demand another performance from the third debtor.

The provisions of the foregoing paragraph do not prevent the third debtor from exercising the right of recourse against his own creditor.

 

Section 320.- The creditor cannot be compelled to receive part performance or any other performance than that agreed upon.