Section 3 Effect of Loss of Objects of Obligation

ALTERNATIVE OBLIGATIONS 1. Some of the Objects -

Kinds of Obligation According to Object
 Simple Obligation – one where there is only one
prestation [ to give a specific car ]
 Compound Obligation – one where there are two
or more prestation
o Conjunctive Obligation – several prestation and
all of them are due [to give a ring and a bracelet]
o Distributive Obligation – two or more
prestation is due
 Alternative Obligation – several prestations
are due but the performance of one is
sufficient [to give either of the two options]
 Facultative Obligation – only prestation is
due but the debtor may substitute to
another [to give a substitute of another]

Right of Choice, as a Rule, given to Debtor

General Rule: The right to choose the prestation belongs
to the Debtor. The parties may, however, expressly
agree to grant the right of choice of creditor.

Limitation on Debtor’s Right to Choose

 D must completely perform the prestation
chosen by him [cannot compel to accept part]
 D cannot choose prestation that are impossible,
unlawful or which could not been the object of
the obligation
Communication of Notice that Choice has been Made
1. Effect of Notice - once it is communicated, it is final
2. Proof & Form of Notice – burden of proving that
such communication has been made is upon him

Effect when only prestation is practicable

 When alternative obligation is converted into a
simple obligation
o When the choice is made by the debtor is
communicated to the creditor
o When the creditor was expressly granted the
right of choice and the choice made is
communicated to the debtor
o When among the prestations whereby he is
alternatively bound, only one is practicable
 When the debtor may rescind contract
o Rescission creates the obligation to return the
things were the object of the contract together
with their fruits, and the price with its interest