law

• A person alternatively bound by different prestations shall completely perform one of them
• The creditor can't be compelled to receive part of one and part of the other undertaking.
• Simple obligation is one where there is only one prestation
• Compound obligation is one where there are 2 or more prestations
• Conjunctive obligation is one where there are several prestation and all of them are due
• Distributive obligation is one where only one of 2 or more presatations are due
• Alternative obligation is one where several prestation are due but the performance of 1 is sufficient and as a general rule, the choice belongs to the debtor
• Facultative obligation is one where only 1 prestation is due but the debtor may substitute another
• The right of choice belongs to the debtor unless it has been expressly granted to the creditor or by a third person when the right is given to him by common agreement.
• the debtor shall have no right to choose different prestations which are impossible, unlawful, or which could not have been the object of the obligation
• the debtor has no more right of choice when among the prestations whereby he is alternatively bound, only one is practicable. In this case, there is not only a limitation but a loss of right of choice. The obligation becomes simple
• The choice shall produce no effect except from the time it has been communicated. Until the choice is made and communicated, the obligation remains alternative
• The debtor shall lose the rights of choice when among the prestations whereby he is alternatively bound, only one is practicable
• If through the creditors act, the debtor can' tmake a choice according to the terms of obligation, the latter may rescind contract with damages
• Rescission/cancellation creates the obligation to return the things which were the object of the contract together with their fruits, and the price with its interest
• 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.
• if some of the objects of the obligation have been lost or have become impossible even through the fault of the debtor, the latter is not liable since he has the right of choice and the obligation can still be performed.
• If all of teh objects of the obligation have been lost or have become impossible throught the fault of the debtor, the creditor shall have the right to indemnity for damages since the obligation can no longer be complied with. If the cause of loss is through fortuitous event, the obligation is extinguished.
• 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.
• 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.
• If one of the thing is lost through fortuitous event, he shall perform the obligation by delivering that which the creditor should choose among the remainder, or that which remains if only one subsists
• 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
• 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
• In alternative obligations, the right of choice, as a rule, belongs to the debtor. Nevertheless, the debtor may expressly give the right of choice to the creditor. In such a case, the provisions which with respect to the debtor are laid down in the preceding articles, shall be applicable to the creditor when the right of choice is given to him. Before the creditor makes the selection, the debtor cannot incur in delay
• The responsibility of the debtor for damages depends upon whether the cause which has rendered the obligation impossible was due to his fault or not.
• 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
• If the principal thing is lost through a fortuitous event, the obligation is extinguished; otherwise, the debtor is liable for damages. The loss of the thing intended as a substitute with or without the fault of the debtor does not render him liable. The reason is that the thing intended as a substitute is not due. The effect of the loss is merely to extinguish the facultative character of the obligation.
• If the principal thing is lost, the debtor is not liable whatever may be the cause of the loss, because it is no longer due. If the substitute is lost, the liability of the debtor depends upon whether or not the loss is due through his fault. Once the substitution is made, the obligation is converted into a simple one to deliver or perform the substituted thing or prestation. The substitution becomes effective from the time it has been communicated.
• Alternative obligation, several prestations are due but compliance with one is suffi cient, while in the facultative obligation, only one prestation is due although the debtor is allowed to substitute another
• in alternative obli, the right of choice may be given to the creditor or third person, while in the facultaive, the right to make the substitution is given only to the debtor
• the loss of one or more of the alternatives through a fortuitous event does not extinguish the obligation, while in the facultative, the loss of the thing due extinguishes the obligation
• in alternative, the loss of one of the alternatives through the fault of the debtor does not render him liable, while in the facultative, the loss of the thing due through his fault makes him liable; and In alternative , where the choice belongs to the creditor, the loss of one alternative through the fault of the debtor gives rise to liability, while in the facultative, the loss of the substitute before the substi tution through the fault of the debtor does not render him liable;
• in alternative, the nullity of a prestation does not invalidate the others, while in the facultative, the nullity of the prestation agreed upon invalidates the obligation; and in alternative, the debtor or creditor shall choose from among the remainder, while in the facultative, the debtor is not bound to choose the substitute
• The concurrence of two or more creditors or of two or more debtors in one and the same obligation does not imply that each one of the former has a right to demand, or that each one of the latter is bound to render, entire compliance with the prestations. There is a solidary liability only when the obli gation expressly so states, or when the law or the nature of the obligation requires solidarity.
• If from the law, or the nature or the wording of the obligations to which the preceding article refers the con trary does not appear, the credit or debt shall be presumed to be divided into as many equal shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits.
• Individual obligation. — one where there is only one obligor and one obligee
• Collective obligation. — one where there are two or more debtors and/or two or more creditors. It may be joint or solidary. In a collective obligation, there are two relations involved: that between the creditor and the debtors (or the creditors and the debtor, or the creditors and the debtors) and that among the creditors and/or debtors themselves
• A joint obligation is one where the whole obligation is to be paid or fulfi lled proportionately by the different debtors and/or is to be demanded proportionately by the different creditors.