Alternative Obligation

Decent Essays
SECTION 3. - ALTERNATIVE OBLIGATIONS An alternative obligation is one wherein various prestations are due but the performance of one of them is sufficient as determined by the choice, which, as a general rule, belongs to the debtor. Right of choice, as a rule, given to debtor. GENERAL RULE: 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. LIMITATION ON THE DEBTOR’S CHOICE (1) 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…show more content…
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. FACULTATIVE OBLIGATION * is one where only one prestation has been agreed upon but the obligor may render another in substitution * The right of choice belongs only to the DEBTOR * Once the substitution is made, the obligation is converted into a simple one to deliver or perform the substituted prestation. * The substitution also becomes effective only from the time the debtor communicates to creditor his choice to perform the substituted prestation. Alternative and Faculative Obligations Distinguised The differences are as follows : 1) 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 2) 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 3) 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 4) Loss through fault of debtor a)
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