What are alternative obligations?

What if both the book and a yellow bag were lost

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.
Nancy obliges herself to deliver to her best friend Bree
a yellow bag or her hand painted book. Who has the
right of choice?
The right of choice belongs to the debtor, Nancy.
On July 1 Nancy decided to just deliver a yellow bag on
July 10. On July 3 Nancy informed Bree. What
happened to the obligation?
The obligation becomes a simple obligation.
On July 5 a yellow bag that Nancy is supposed to
deliver to Bree was struck by lightning, destroying it
completely. What happens to the obligation?
The obligation is not extinguished because of the
object; the yellow bag is a generic thing.
through a fortuitous event? Is there still any liability?
The obligation to deliver a yellow bag remains because
genus never perishes.
What is a facultative obligation?
A facultative obligation is one where only one
prestation has been agreed upon but the obligor may
render another in substitution.
As to number of obligation(s) what’s the difference
between alternative and facultative obligations?
 Alternative obligation – several obligations are
due but compliance with one is sufficient
 Facultative obligation – only one prestation is
due although the debtor is allowed to substitute
it.

What if on July 5 Nancy destroyed a yellow bag that

she is supposed to deliver to Bree? What happens to
the obligation?
Since the prestation or object of a thing is generic, she
can still replace it with another yellow bag.

On July 1 Nancy decided to just deliver a yellow bag on

July 10. On July 3 Nancy informed Bree. On July 5
Nancy destroyed the book and a yellow bag. What’s
the implication of her actions?
She is to replace the yellow bag only since that’s her
chosen alternative which she informed on July 3.

But is Nancy liable for damages?

Not yet, the obligation can still be performed.

Is it possible that in an obligation, the debtor makes

the choice?
Yes

Is it possible then for the creditor to make the choice?

Yes

Let’s go back to the obligation. Bree was given the

right of choice and she chose a yellow bag which was
lost through a fortuitous event. What happens to the
obligation?
The obligation to deliver the yellow bag still exists
because it is a generic thing.