Europe

Article 7.106 (ex art. 2.116) - Performance by a Third Person 376 see also Mandatory Obligations Termination

1. Except where the contract requires personal performance the obligee cannot refuse performance by a third person if: 377

• the third person acts with the assent of the obligor; or 378
• the third person has a legitimate interest in performance and the obligor has failed to perform or it is clear that it will not perform at the time performance is due. 379

2. Performance by the third person in accordance with paragraph (1) discharges the obligor. 380

Article 8.107 (ex art. 3.107) - Performance Entrusted to Another 434 see also Mandatory Obligations

A party who entrusts performance of the contract to another person remains responsible for performance. 435