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The right to choose belongs to the debtor/ obligor Except: When the right has been expressly granted to the creditor. Right of choice of debtor not absolute.
The debtor cannot choose those prestations which are (a) impossible , (b) unlawful ,or (c) which could not have been the object of the obligation. (2) Only one prestation is practicable (3) The debtor cannot choose part of one prestation and part of another prestation. (Art 1199) Communication of notice that choice has been made
Effect when only one is practicable
When debtor may rescind contract
If the debtor could not make a choice due to the creditor’s act of making prestations impossible, debtor may RESCIND the contract with damages.
Rescission creates the obligation to return the things which were the object of the contact together with their fruits, and the price with its interest.
A. When the right of choice belongs to the DEBTOR
* If the loss is due to FORTUITOUS EVENT a) If all alternative prestation are lost, the alternative obligation extinguished.
(Article 1174) b) If two or more alternative prestations remain, the debtor can still exercise his right of choice and choose from any remaining alternative prestation(Article 1200) c) If only one of alternatives remain, there is no more alternative obligation but only a simple obligation. * If loss is due to DEBTOR’s FAULT a) If all the alternative prestation are lost, the alternative obligation is converted into monetary consideration as indemnity for damages. The basis for the computation of the amount to be paid by the debtor will be the value of the last thing or service lost plus damages.
b) If two or more of alternative prestation remain, the debtor can still exercise his right of choice and choose from any of the remaining alternatives (ART 1200) c) If only one alternatives remain, there is no more alternative obligation but only simple obligation. B. When the right of choice belongs to the CREDITOR * If the loss is due to a FORTUITOUS EVENT The effect s are the same as where the right of choice belongs to debtor * If the loss is due to DEBTOR’S FAULT a. If all the alternative prestations are lost, the alternative obligation is converted into monetary consideration as indemnity for damages.
The basis for the computation of the amount to be paid by the debtor will be the value of any of object chosen by the creditor (because he is given the right of choice) plus damages. b. If two or more prestations remain, the obligation is still alternative . The creditor has the option to either: b. 1 choose from among the remaining alternatives b. 2 chose the lost object. The debtor will be then liable for the value of lost object chosen by the creditor plus the damages.
The differences are as follows :
Faculative- the loss of the thing due through his fault makes him liable b) Alternative- where the choice belongs to the creditor, the loss of one alternative through the fault of the debtor gives rise to liability. Faculative- the loss of the substitute before substitution through the fault of the debtor does not render him liable. Effect on loss of the thing in Facultative Obligation
The debtor is not liable if the original prestation is lost whether due to his fault or to a fortuitous event. * If the substitute is lost, the liability of the debtor depends upon whether or not the loss is due to his fault.
Is one where only one prestation has been agreed upon but the obligor may render another in substitution
The differences are as follows :
Number of prestations Alternative- several prestation are due but compliance with one is sufficient. Faculative- only one prestation is due although the debtor is allowed to substitute
Right of choice Alternative- the right of choice may given to creditor or third person Faculative- the right to make substitution is given only to the debtor
Loss through a fortuitous event.
Alternative- the loss of one or more through a fortuitous event does not extinguish the obligation
Faculative- the loss of the thing due extinguishes the obligation 8) Loss through fault of debtor
Alternative- the loss of one through the fault of debtor does not render him liable
Faculative- the loss of the thing due through his fault makes him liable
Alternative- where the choice belongs to the creditor, the loss of one alternative through the fault of the debtor gives rise to liability. Faculative- the loss of the substitute before substitution through the fault of the debtor does not render him liable.
Effect on loss of the thing in Facultative Obligation
Alternative Obligation. (2016, Nov 26). Retrieved from https://studymoose.com/alternative-obligation-essay
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