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A. Cristina is obliged to deliver 5 Ipad2, 200,000 pesos, or 4 Mac Book Computers to Danfrix. 1. What kind of Obligation is this? Why?

a. This is an Alternative Obligation. b. Because, as defined in Article 1199 An Alternative Obligation is one where a person is alternatively bound by different prestations which require only the complete performance of one of them. 2. Can Danfrix be compelled to receive 3 Ipad2 and 100,000 pesos? Why? Answer: No. Article 1199 par 2, the creditor cannot be compelled to receive part of one and part of the other undertaking. 3. Who has the right to choose among the Prestations? Answer: Cristina. This is based on Article 1200 , which states that the right of choice belongs to the debtor , unless it has been expressly granted to the creditor. See example, below B. Cristina is obliged to deliver 5 Ipad2, 200,000 pesos, or 4 Mac Book Computers to Danfrix, upon the intimation by Danfrix of his preference. C. Cristina is obliged to deliver, 5 grams of shabu, 5 ipad2 or 200,000 pesos. a. Can Cristina choose the delivery of 5 grams of shabu? No. Article 1200, The debtor shall have no right to choose those prestations which are impossible, unlawful or which could not have been the object of the obligation. b. Suppose that Cristina opted to deliver the 5 Ipad2, but is now out of stock and the company has no more plans of manufacturing the same, then the obligation becomes impossible. In this case, only one prestation remains and that is the 200,000 pesos. From the moment only one prestation is available; the obligation ceases to become an Alternative Obligation and now becomes a simple obligation. Article 1202, also applies and the debtor shall lose the right of choice when among the prestations whereby, he is alternatively bound; only one is practicable. D. In example A, suppose Cristina has already chosen the delivery of 200,000 pesos to Danfrix, but did not inform the Danfrix of his choice, is the Obligation still Alternative? Yes. Article 1201, states that the choice shall produce no effect except from the time it has been communicated.

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