Alternative Obligations
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Chapter 3: Section 3 –Alternative Obligations I.
Definitions
1. Alternative Obligation - one wherein various prestations are due due but the performance performance of one of them is sufficient as determined by the choice which, as a general rule, belongs to the debtor. 2. Facultative Obligation - one where where only one prestati prestation on has been agreed agreed upon upon but the obligor may render another in substitution. 3. Conjunctive Obligation - one where there are two or more prestations and all of them are due.
II. II.
Discus cussio sions
1. What are are the limitations limitations on the the right of choice choice of the debto debtorr in alternative alternative obligatio obligations? ns? Illustrate one such such limitation.
Answer: According AR AR. 112!!, 112!!, the debtor cannot choose those prestations which are ar e impossible, unlawful, or which could not have been the ob"ect of the obligation. As an e#ample, you cannot $ill someone in return for money, or deliver a horse with 1! legs from %ars in return for something as well. 2. Give Give the situatio situation n hen the debtor debtor is given given the o!tio o!tion n either either to e"erci e"ercise se his right right of choice or to rescind the contract ith damages.
Answer: According to AR. 12!3, if through the creditor&s acts, the debtor cannot ma$e a choice accordi according ng to the terms of the obligatio obligation, n, the latter may rescind rescind the contrac contractt with with damages. #. $tate $tate the the leg legal al eff effect ectss in case% case% a& $ome of the the objects objects of the obligati obligation on are lost lost through through the fault fault of the debtor debtor ho has the right of choice.
Answer: As stated in AR. 12!', if some of the ob"ects of the obligation have been lost or have become impossible even through the fault of the debtor, the latter is not liable l iable since he has the right of choice and the obligation can still be performed.
The Law on Obligations and Contracts 2003 Ed. Hector S. De Leon
Alternative Obligations
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b& All are lost through his fault.
Answer: (f all them have been lost or have become impossible through his fault, the creditor shall have the right to indemnity for damages since the obligation can no longer be complied with.
III.
Problems
1. ' (debtor& borroed )1*+*** from C (creditor&. It as agreed that ' could !a, )1*+*** or deliver his !iano on August 22. On August 2*+ ' informed C that the former ould deliver his !iano. Can ' still change his !eriod considering that he as given the right of choice?
Answer: )es, * can as long as he gains consent from + since according to AR. 12!1, the choice shall produce no effect e#cept from the time it has been communicated. Also, as a general rule stated in AR. , all rights may be waived. 2. -nder a contract+ (obligor& !romised to deliver to /(obligee& item one+ or item to or item three. / as given the right of choice. What is the liabilit, of in case+ through his fault% a& Item to is lost or destro,ed
Answer: (f 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. b& All the item are lost or destro,ed
Answer: (f 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. #. $ (seller& sold his 0 set to (bu,er& ho gave $ the o!tion to deliver instead his refrigirator. Is $ liable to in case the 0 is lost through $3s fault?
Answer: )es, is liable. According to AR. 12!, if the principal thing is lost through the debtor&s fault, heshe is liable for damages. The Law on Obligations and Contracts 2003 Ed. Hector S. De Leon
