Oblicon(section 3 alternative obligations)

• Article 1999


  A person alternatively bound by different prestations shall completely perform one of them

  The creditor cannot be compelled to receive part of one part of the other undertaking
• Simple obligation 


  Only 1 way to pay or act for obligation to be extinguish
• 2.Compund obligation  Two or more ways to pay the obligation.
• 2(a). Conjunctive obligation

  Where there's several ways of payment but you need to do it all of it.
• 2(b) distributive obligation

  2 or more ways to pay the obligation to be extinguish
• Alternative obligations 


  There's several ways to pay the obligation but performance of one is sufficient
• Faculative obligation 


  One where only one prestation is due but the debtor may substitute another.
• Alternative obligation


  Is one wherein various prestation are due but the performance of one of them is sufficient as determined by the choice
• Article 1200


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

  The debtor shall no right to choose those prestitions which is impossible, unlawful or which could have been the object of the obligation.
• Right of choice, as a rule,given to debtor


  General rule, the right to choose the prestition is the debtor.
• Right of choice of debtor not absolute

  1. Unlawful.
  2. Impossible .
  3. Which could not have been the object of the obligation.
  4. Only one is practicable.
• Article 1201


  The choice shall produce no effect except from the time it has been communicated.
• Effect of notice


  Until the choice is made and communicated, the obligation remains alternative.

  (A).Once the people of election has been made given to the creditor, the obligation ceases to be alternative and becomes simple

  (B).Such choice once properly made communication is irrevocable and cannot, therefore, be changed by either party without the consent of the other. The concurrence of the creditor to the choice made by the debtor is not required.
• Proof and form of notice

  The burden of proving that such communication has been made is upon him who made the choice. The law does not require any particular form regarding the giving of notice. It may, therefore, be made orally or writing expressly or impliedly.
• Article 1202

  The debtor shall lose the right of choice when among prestitions whereby he is alternatively bound, only one is practicable

  Kapag iisa na lang ang option para ma extinguish yung contract, wala nang magagawa si debtor
• 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)
• Recission

  Creates the obligation return to things which were the object of the contract together with their fruits and the price with its interest
• Article 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 things which disappeared, or that of the service which last became impossible .

  Damages other than the value of the thing or service may also be awarded.

  Ang creditor ang pipili ng indemnity kapag si debtor ang nakasira ng "thing"
• Basis of indemity

  The indemity is base on the lost thing which disappeared (referring to obligation to give) or that of the service became impossible.
• Alternative obligation


  An obligation where the debtor can choose between two or more prestations
• 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 the choice has been communicated to the debtor

  The responsibility of the debtor shall be governed by the following rules
• If one of the things is lost through a fortuitous event

  The debtor shall perform the obligation by delivering that which the creditor should choose from 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
• The same rules shall be applied to obligations to do or not to do in case one, some or all of the prestations should become impossible
• Alternative obligation

  An obligation where the debtor has a choice of performing in one of several ways
• 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
• Rules governing the debtor's responsibility until the creditor's selection is communicated


  • If one of the things is lost through a fortuitous event, the debtor shall perform the obligation by delivering that which the creditor should choose from 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
• The same rules shall be applied to obligations to do or not to do in case one, some or all of the prestations should become impossible