Section 328.- If a debtor is bound to the creditor to do similar acts of performance by virtue of several obligations, and if the performance effected by him is insufficient for the discharge of all the debts, that debt is discharged which he specifies on effecting the performance.

If the debtor makes no specification, then that debt, which is due, is first discharged ; among several debts due that one is first discharged which affords the creditor least security ; among several equally secured debts the one most burdensome to the debtor ; among several equally burdensome debts the oldest debt ; and where several are equally old every debt proportionately.

 

Section 329.- If the debtor, besides the principal performance, has to pay interest and costs, the value of an act of performance insufficient to discharge the whole debt is applied first to the costs, then to the interest, and lastly to the principal performance.

If the debtor specifies any other application, the creditor may refuse acceptance of the performance.

 

Section 330.- By a proper tender of performance a discharge is effected, from the time of the tender, from all responsibilities arising out of non-performance.

 

Section 331.- If the creditor refuses or is unable to accept performance, the person performing may be discharged from the obligation by depositing for the creditor’s benefit the thing forming the subject of the obligation. The same applies, if the person, performing without fault on his part, cannot ascertain the right or the identity of the creditor.

 

Section 332.- If the debtor is bound to perform only after the counter-performance has been effected by the creditor, he may make the right of the creditor to receive the thing deposited dependent upon counter-performance by the creditor.

 

Section 333.- A deposit must be made to the deposit office of the place where the obligation is to be performed.

If there are no special provisions by law or regulations as to deposit offices, the Court must, on application of the person performing, designate a deposit office and appoint a custodian of the thing deposited.

The depositor must without delay give notice of the deposit to the creditor.

 

Section 334.- The debtor has the right to withdraw the thing deposited. If he withdraws it, the deposit is deemed never to have been made.

The right of withdrawal is barred :

                (1) If the debtor declares to the deposit office that he waives the right of withdrawal ;

                (2) If the creditor declares his acceptance to the deposit office ;

                (3) If the deposit has been ordered or confirmed by the Court and the fact is notified to the deposit office.

 

Section 335.- The right of withdrawal is not subject to judicial attachment.

If bankruptcy proceedings are instituted against the property of the debtor, the right of withdrawal cannot be exercised during the bankruptcy proceedings.