PSBA-QC

2nd Quiz

Name: Grimaldo, Carl Ivan A.

Course: BSBA-FM

1. What are the limitations on the right of choice of the debtor in an alternative
obligation?
 LIMITATION ON THE DEBTOR’S CHOICE
o The debtor cannot choose those prestations which are impossible,
unlawful, which could not have been the object of the obligation.
o Only one prestation is practicable
o The debtor cannot choose part of one prestation and part of another
2. State the legal effects in case of a) some of the objects of the obligation are lost through
the fault of the debtor who has the right of choice; and b) all are lost through his
(debtor) fault.
A. Based on article 1204, if some of the objects have been lost or become
impossible through the debtors fault, he is not liable since debtor has the
right of choice and the obligation can still be performed.
B. In article 1204, if all of the objects have been lost or become impossible
through his fault, the creditor shall have the right to indemnity for
damages since the obligation can no longer be complied with.
3. Give the situation when the debtor is given the option either to exercise his right of
choice or to rescind the contract with damages.
 According to article 1203, if through the creditors fault, the debtor cannot make
a choice according to the terms of obligation.

4. In case the debtor already made his choice which object to deliver, may he change his
choice? Why? When is the choice of the debtor effective?
 No, because he already agreed to deliver it to the creditor unless there are some
fortuitous event that happened.
5. If there are two or more debtors in one obligation, is their liability joint or solidary?
Explain.
 The concurrence of two or more creditors or of two or more debtors in one and
the same obligation does not imply that each one of the former has a right to
demand, or that each one of the latter is bound to render, entire compliance
with the prestation.
6. In case of active solidarity, to whom shall the debtor or debtors make payment? Explain.
  The debtors may choose which creditor to pay; however, if a creditor makes a
demand, then the payment shall be made to him
7. Give the effect of the condonation or remission of a debt by one of several creditors
where a) the obligation is joint; and b) where the obligation is solidary.
A. According to art. 1215 the condonation will only affect the share of the
certain debtor.
B. The part of the obligation which is condoned or remitted shall be
extinguished. It is now the responsibility of the creditor
8. In case a remission is made by a creditor of the share of one of the solidary debtors, is
the said debtor released from responsibility to his co-debtor/s? Explain.
 The remission made by the creditor of the share which affects one of the solidary
debtors does not release the latter from his responsibility towards the co-
debtors.
9. Suppose a solidary debtor obtained remission of the whole obligation, is he entitled to
reimbursement from his co-debtors?
 According to art. 1220, the debtor is not entitled to reimbursement from his co-
debtors,
10. Enumerate and define the kinds of solidarity.
 Mechanical solidarity is the social integration of members of a society who have
common values and beliefs. These common values and beliefs constitute a
“collective conscience” that works internally in individual members to cause
them to cooperate.
 Organic solidarity is social integration that arises out of the need of individuals
for one another’s services. In a society characterized by organic solidarity, there
is relatively greater division of labour, with individuals functioning much like the
interdependent but differentiated organs of a living body.