መታወቂያ ማየት አልነበረበትም ነበር ግን? 🤔 እስኪ ነገረ ፋጆች መልሱልን ይኔን መልስ ማወቅ እፈልጋለሁ እኔም

Hi regarding the payement made to the twin brother may be invalid however ato maru can raise good faith in the court that he payed to his brother and he cant diffenrnate and had he known the fact he will not do it and the court may decide for maru

Invalid due to personal identity

The payment made to tesfaye is valid because article 1743/2 of the civil code tells us that payment shall be valid where it is made in good faith to a person who appears without doubt to be the creditor

With regard to art.1791(1) of our civil code whether a debtor is at fault or not at fault if he fails to perform his obligations he will pay damages unless it is in case of force majeure...but art.1792 defines what force majeure is and it is something that a reasonable person cannot forsee in this case burden of proof fails on the debtor (proving that the situation is force majeure) otherwise the payment will not be valid and he will remain in debted to the actual creditor Regarding good faith it is mitigating factor that will help the debtor by making it a defence but doesn't make the payment valid