Chapter 3 Alternative Obligation Flashcards
A person alternatively bound by different
prestations shall completely perform one of them.
The creditor cannot be compelled to receive part of one
and part of the other undertaking.
1199
1199
A person alternatively bound by different
prestations shall completely perform one of them.
The creditor cannot be compelled to receive part of one
and part of the other undertaking.
an
obligation where the debtor has to perform ALL the
several prestations in the contract to extinguish the
obligation.
CONJUNCTIVE/COMPOUND OBLIGATION
an obligation where
the debtor is required to fulfill ONLY ONE of the
several prestations to extinguish the obligation.
ALTERNATIVE OBLIGATION
an obligation where the
debtor is bound to perform ONLY ONE prestation,
with a reserved right to choose another prestation as
SUBSTITUTE for the principal.
FACULTATIVE OBLIGATION
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.
1200
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.
The choice shall produce no effect except from
the time it has been communicated.
1201
1201
The choice shall produce no effect except from
the time it has been communicated.
The debtor shall lose the right of choice when
among the prestations whereby he is alternatively
bound, only one is practicable.
1202
1202
The debtor shall lose the right of choice when
among the prestations whereby he is alternatively
bound, only one is practicable.
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.
1203
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.
The creditor shall have a right to indemnity for
damages when, through the fault of the debtor, all the
things which are alternatively the object of the
obligation have been lost, or the compliance of the
obligation has become impossible.
The indemnity shall be fixed taking as a basis the value
of the last thing which disappeared, or that of the
service which last became impossible.
Damages other than the value of the last thing or
service may also be awarded.
1204
1204
The creditor shall have a right to indemnity for
damages when, through the fault of the debtor, all the
things which are alternatively the object of the
obligation have been lost, or the compliance of the
obligation has become impossible.
The indemnity shall be fixed taking as a basis the value
of the last thing which disappeared, or that of the
service which last became impossible.
Damages other than the value of the last thing or
service may also be awarded.
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:
A. only one thing lost – fortuitous event – creditor
chooses from the remainder – debtor delivers the
choice to creditor;
B. only one remains – debtor delivers the same to the
creditor;
C. only one thing lost – fault of the debtor
1. creditor may choose any one of the remainders;
2. creditor may choose the price or value of
the one which was lost;
3. may choose 1 or 2 plus damages
D. all things lost – fault of the debtor – creditor may
choose the price of ANYONE of the things, with
damages if warranted.
1205
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:
A. only one thing lost – fortuitous event – creditor
chooses from the remainder – debtor delivers the
choice to creditor;
B. only one remains – debtor delivers the same to the
creditor;
C. only one thing lost – fault of the debtor
1. creditor may choose any one of the remainders;
2. creditor may choose the price or value of
the one which was lost;
3. may choose 1 or 2 plus damages
D. all things lost – fault of the debtor – creditor may
choose the price of ANYONE of the things, with
damages if warranted.
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.
1206
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.
