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When Will The Alternative Ob Become A Pure and Simple Obligation (Altenative
When Will The Alternative Ob Become A Pure and Simple Obligation (Altenative
ONCE THE CHOICE HAS BEEN COMMUNICATED BY THE DEBTOR AND CREDITOR, THE
CREDITOR CAN NOW DEMAND IMMEDIATELY BECAUSE THE OLBIGATON IS NOW A PURE AND
SIMPLE AND OBLIGATION?
NO CHOICE HAS BEEN COMMUNICATED AND YET THE CREDIT OR CAN NOW DEMAND AS IF
THE (DELIVERY OF THE PRESTATION CHOSE AND WITH THE COMMINICATED BY)
what will be the right of the creditor if all the principal prestation alternative Jew can no longer are lost
(walang pagpipilian)
suppose the reight belongs to the creditor, the creditors choice all the thre items were lost
the rule is drastically different choice belongs to the creditor and combination of negligent and fortuitous
losses ( any a value of anyone of things that were lost negligently and even if there is none or there two or
only one is lost negligently)
- question
the cellphone is available
kapag fortuitous are extinguish
papulcative obligation isa lang yung jew
example:
principle precision debtor substitute and communicated his choice to the creditor unfortunately before the
creditor demands for delivery of the substitute it was lost due to a fortuitous the laptop is still available ( no
more, once substitute has communicated and before delivering would be made it was lost fortune late
obligation extinguished even if the principal is still available the effect of communication of choice )
WHAT ARE THE INSTANCES OR CASES WHRE THE OOBILTTION SOLIDARY BECAUSE OF LOSS OF
PROVBIDE
PARTNERS IN A PARNETSHIP IF THE LIABILITY OF THE PARTNESHIPS RESULTED FROM A CRIME FROM A
QUASI
how do you establish the proportionate liability of the joint debtors in a joint obligation
shares
a and b bind theselves to deliver a specific car costing one million pesos to mr. x what is the obligation
by a and b to mr f is it joint or is it solidary
CONTRIBUTED THE ONE MILLION VALUE OF THE CAR AND I WAS NOT THE ONE GUILTY OF DELAY IT WAS
BEING WHO DID NOT DELIVER? UPON
CREDITOR YOU ARE MY SOLIDARITY DEBTOR IN A SOLIDARY OBLIGATION THE ESSENCE OF SLIDARITY IS
ONE FOR ALL AND ALL FOR ONE (1221)
isang precision di pwede hatiin, mananatili itong joint obligation kaya lang gagawin joint na invisibile pa
joint invisible isang obligation joint and invisiviul, isang proportionate to each his own
MR. A ORIGANNLY OWES MR. X THE AMOUNT OF 10 0000 PESOS SUBHECT TO A PERIOD MR B ALSO
OWES X ANOTHER 10 000 PESOS SUBECT TO A CONDITION SUSPENSION MR C ALSO OWES MR S
ANOTHER 100 SUBJECT TO ANULLMENT DUE TO MINORITY AND MR D ALSO OWES MR X ANOTHER 100
PESOS FREE FROM ANY CONDUTIN NOR FROM ANY PERIOD OTHER WORDS PURE AND SIMPLE
C – VOIDABLE
D – PURE AND SIMPLE
solidary parties entitle to perform or to do any act even if without the consent of the others
1. 1236 – 1237
2. 1236 – 1237
3. Extinguishment
4. Payment made by the third person
5. Dation of payment
6. Obligation of penal clause
7. Joint
8. Joint
9. Alternative
10. Solidary
11. Joint
12. Indivisible and divisible
13. Penalty
14. 1188
15. 1189
16. 1191 – 1192
17. 1196
18. 1118
19. Alternative
20. Dation in payment
21. Facultative
22. Alternative
23. Obligation with a period
24. Conditional
25. Joint
26. Solidary
27. Payment
28. Penal clause
29. Extinguishment
30. sabrogation