The Impact of Doctrine of Impossibility on the In-Kind Execution of Commitments

When it comes to fulfilling commitments, there is a challenge in executing them in the same manner as promised. Despite the principle that commitments should be fulfilled in the same way if possible, there are situations where it becomes impossible for the debtor to do so. This impossibility can be absolute or relative, whether it is due to natural factors or legal provisions. It can also be based on the debtor's personal abilities and characteristics. In such cases, someone else may be allowed to fulfill the commitment on behalf of the debtor. The study yielded several findings and recommendations, including the absence of a prohibition on in-kind execution as long as it does not harm the debtor. The researcher suggests taking into account external circumstances that may impact the debtor's ability to fulfill their commitment and determine if there is indeed impossibility.