Alternative and Facultative

Question 1

Definitions
し・すの
* Alternative
- a kind of obligation where the obligor is alternatively bound by different prestations and the performance of one of them shall extinguish the obligation. (see Art. 1199).

• Facultative
• a kind of obligation where only one prestation has been agreed upon, but the obligor may render another in substitution. (see Art. 1206)
• the performance of a substitute will extinguish the obligation (?)

Question 2

Problem

D obliged himself to deliver to Con Feb. 14, 2020 any of the following specific objects:
1. His car, 2. his house, 3. his gold wristwatch.
Before Feb. 14, 2020:
A. D destroyed his car.
D destroyed his car and house.
C. D destroyed his car, house and wristwatch
D. A typhoon destroyed D’s car
E. An earthquake destroyed D’s car and house
F. C destroyed D’s car.
G. D Instead obliged himself to deliver his only car and agreed to deliver as substitute his house. Later, D burned his house.

WHAT ARE THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERE?

Answer 2

if the choice is on the D, there are rules
if the choice is on the C, there are different rules as well

Art. 1200. The right of choice belongs to the debtor, unless it has been expressly granted to the creditor.

The debtor shall have no right to choose those prestations which are impossible, unlawful or which could not have been the object of the obligation

if expressly granted, then go 1205
When the choice has been expressly given to the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor.

Until then the responsibility of the debtor shall be governed by the following rules:
(1)
(2) If the loss of one of the things occurs through the fault of the debtor, the creditor may claim any of those subsisting, or the price of that which, through the fault of the former, has disappeared, with a right to damages;
(3)

Question 3

What if D destroyed ALL (house, car, wristwatch), then?

Answer 3

1205
(3) If all the things are lost through the fault of the debtor, the choice by the creditor shall fall upon the price of any one of them, also with indemnity for damages.

Question 4

if Typhoon, EQ, then it is a Fortuitous Events

Question 5

F. C destroyed D’s car.

Answer 5

Art. 1203. If through the creditor’s acts the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages. (n)

Question 6

D Instead obliged himself to deliver his only car and agreed to deliver as substitute his house. Later, D burned his house

Answer 6

Art. 1206. When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called facultative.

The loss or deterioration of the thing intended as a substitute, through the negligence of the obligor, does not render him liable. But once the substitution has been made, the obligor is liable for the loss of the substitute on account of his delay, negligence or fraud. (n)

it does not render him liable, there is no substiatuion made yet. if it had been made, then the house became the prestation and burnt then they are liable.