Scribd Logo
Upload

Welcome to Scribd!

  • Obligation Complete

    Uploaded by

    Kryzzel Anne Jon
    9 views39 pages

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    9 views39 pages

    Obligation Complete

    Uploaded by

    Kryzzel Anne Jon

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 39
    OBLIGATIONS OBLIGATIONS 23 % The cause must be independent of or Ge The cause must be independent of the debt 8 erugeton fixes a date for performance; it must pocorn Tou into eg it wll commence. (Rivera vs. Spe. Chua, . Svoiding it even ifit can den and LetaT2 Danang 10, SOI) © Tis occurence of the SRE BURL be. of auch There is no delay in an obligation not to do as one Lo berform hi obligation es anne cannot be in delay for not doing something, Rm YS. Jonge, supra, for ‘similar elements or charactersice} tect of delay Om the part of the debtor 3. Liability for fortuitous events ebtor shall be liable for the payment - General rule: No person ‘shall be lable for v bless tart 1170) fortuitous events, ic, his obligation will be extinguished, 2) If the obligation consists in the delivery of a Exceptions to the rule (Art. 1174) determinate thing, he shall be responsible a When the law expressly provides for liability even for any fortuitous event until he has in cage of fortuitous event auch as that proioen flected the delivery. (At. 1165) in Ar 1165 where the obligor ia ‘iabie “et ees fealtous eens if he delay of has promised ° — liver the same thing to two of more pereone oi 1) Met ee eto and ater ot ate ning OF more ey themes for the preservation When the parties have declared liability even in case of forttitous event 2) The debtor may resort to the consignation When the nature of the obligation requires the ofthe thing due. (Art 1258) assumption of risk (euch as the obligation of ey insurer who must pay the policy holder even if re Fortuitous events loss is caused by @ fortuitous event if the cares thereof is the risk insured against) 1. Concept 4. Burden of proving loss due to ferutous event The burden of proving that the love wan due to fortuitous event eats on his whe gl order fora fortutous ett exempt eg yah, is necessary that he must Rave commeres on ee Pea or miscondct that ray have seco NO 4s earthquake, fypharurt calamities or acts of God such vs. Jorge, supra) “ and lahing: and aero an mae rh 8. Bremen Roberto C. Sicam, et al., vs. Spouses Jorge GR. No. 189617, August 8, 2007 a —— Pete; LJ pared several pieces.of Jewelry with sce Cr Seam to secure aloan. Armed robb, secret the pawnshop and tok away the jewelry of Ld nry ected th preabon nd ook gry hfe of La Sctpen ance # was Saturday. ‘There was no thowes that'a secuny guard was stationed at the pasar When L) demanded the retum of the jewely she toy red, the pawmshop failed to-do 20 because it was iat Ii'the robbery, and raised, among other defenses, nce iy duet fortuitous event. Ie the defense tenshie> la Held: No. in order for & fortuitous event to exempt one trom ably, it je neceamary that Ye hag eamited no negligence or migcondust that oat ines occasioned the las. When ihe event is found t Be ponty the result of a peraon's partpaton = whether by netic intervention, neglect of allure to act = Whe’ wie fccurrence is ‘humanized ‘and’ remeved from the rules fpptcable to acta of God. The pawnahop failed to show ih wage fly negrcy iy hh he ano the paomed jewelry may have been secason hare to provide a station a security guard atthe pewnshop and itsteaving the vault open constnue-acte of negligence which made the loss no longer independent of te wl Presumptions on receipt of.principal or of later installment [liees are disputable. presumptions) and evidence Introduced ts te comteey bythe creer (ar 1176) maybe as 10 The recent of the principal without reervation interes Shall Be Tice Wo dhe presumption that th interest as been paid ration a8 12 scx fa ater installment without reservation a1 ‘ror inticnas shal ve rs the psu Such prior instlltents have been Paid may ‘The above presumptions are disputable: hence, they or geputted by ‘Ue creditor with contrary evidence. ‘TRUS, me ‘reditor may show proof that interest of a prior ins bbeen paid. If the pti Jusive, then no evi ot ‘resumption is conclusive, to the contrary may be admitted. OBLIGATIONS Curae the property in the possession of the debtor, ‘except those exempt by law. This is usually by attachment Where the creditor thos H-G0Ur action to exact fulfilment with a prayer ther IRE Court set aside a property belonging to the debtor it {he court decides im favor of the creditor and the sete eee not pay, the property attached will be ordered sold and the proceeds thereof applied to the payment of the obligation Exercise all the rights and bring all the actions of the ‘ebtor except those personal to him (accion subrogetoria Example: A owes D. D owes.C, IF files a court ‘ction against D to collect, he may ask the eolrt to onder A not to pay D so that in the event that the gourt rules ia favor of C, A will be required to pay C. "In effect io ‘xercising the right to collect from A which fs a night thay “belongs to D. Impugn the acts which the debtor may have done to Aefraud his creditors (accion pautiana, This remedy must be of last resort. The creditor ‘must have taken successively the foregeing mensurce (Nos. 1 and 2) before he can bring this action, (Metotare ys. International Exchange ‘Bank, GR. No. Ieee, ‘August 10, 2011) Example! D owes|C PS0,000.00. To defraud C, D {ills his lot, his only property, to B who knows af the ‘Waudulent intention of D.'C may ask the court to sree Wie resciasion of the sale made by D. Once ihe sane, ‘rescinded and the lt is returned to D, C may act ate, COU to order its “attachment and its sale at sane ction, and the proceeds of the aale applied in waa ee Qf Ria claim. (Note: This remedy is not availabe War {hitd person (B, in this ilustration), wes not aware of tne ‘ebtors fraudulent intention, Le he was in goo ay] See Rale on transmissibility of rights and exceptions thereto Ary, 1178) General rule: Al rights acquired in virtue of an obligation faze transmissible. (Thus, a creditor may assign his credit tora third person or such right is transmitted to the heirs upon his death.) Exceptions: 1. “If the law prohibite the transmission of the right. ‘Thus, the rights of a general partner in a partnership ‘are not transmitted to his heirs upon his death as provided by law. 2. Af the parties agreed against transmission. ‘Thus, the right is not transmitted to an assignee or to the heirs if there was a stipulation to that effect between the parties. 3. Ifthe right is by nature not transmissible, Example: was granted a scholarship grant by a ‘school after & series of examination and interviews. "S, however, dies with two years still remaining before he finishes’ his studies. The right of S to enjoy the scholarship grant is not transmitted to his heirs because it is strictly personal. DIFFERENT KINDS OF OBLIGATIONS Primary classification under the Civil Code Pure obligation Conditional obligation Obligation with a period Alternative obligation ultative obligation Joint obligation Solidary obligation Divisible obligation emer eee 27 9. Indivisible obligation 10. Obligation with a penal clause Pore and Conditional Obligations Pure obligation, concept A pure obligation is one without a termp or condition and is demandable at once. a Example: 1 promise to give you P5,000.00. This is immediately demandable since there is no'terin that must expire for a condition that must happen for the obligation to" be ‘demaadable : ‘Conditional obligation, concept (A conditional obligation) is one whose demandability or _gatingulshiment depends upon the happening of a condition, Examples: (1) “Twill give you my car if you pass-the CPA Examination.” The condition here is suspensive. You may not demand the delivery of my car until you pase the CPA Examination. (2) ‘Iwill lt you use my ear until you pass the CPA Examination." The condition here is resolutory. You may demand ‘he delivery of my car now but you must return it to me when you pass the CPA Examination, Condition 1 Concept It is an uncertain event which wields an influence on a.legal relationship. (Manresa) 2 Classification & — Suspensive and resolutory 1) Suspensive - This is: @ condition the happening of which will give rise to the obligation. ‘This is also called condition antecedent or condition precedent. Here, the demandability of the obligation is 2, suspended until the happening of the condition. When an obligation is subject to suspensive condition, its birth takes place fr its effectivity commences only if and when the event that constitutes the condition happens or is fulfilled. (Gidwani vs. People, G.R. No. 195064, January 15, 2014) Resolutory ~ This is a ‘condition the happening of which extinguishes the obligation. This is also called condition subsequent. The obligation is demandable ‘at once but it shall be extinguished upon’ ‘the happening of the condition. Potestative, casual and mixed 0 Potestative - A condition that depends tupon the will of ‘one of the contracting partes ‘8)_ Potestatve on the part of the debtor 1) If euspensive ~ The obliga (fens volar. 1182) Even ifthe condition is fulfil, the obligation isnot demandable. (Example: D is fo gve C P50,000.00 if D goed to Baguio} (2) ALzesotutony - The obtigation is valid. (Example: D is (0 alow the use of his car ty © {until D returns from Bagulo) D) ~ Potestative ‘on the part of the creditor - The obligation is valid ‘whether the condition ia suspensive or resolutory. ((Examples: (1) D is, to give C.P50,000.00 if C goes to Baguio. (2) D is to allow the use of his car by C until C returns from Baguio) ae eer te 2) 3) 29 Casual.~ A condition that depends hance or pen the will of « hit gece Examples (i) i to pve © PSO DBD C6 wins frat prize inthe lotto on the bas fa ced this morning. @)"'D is fo teens 50,000.00 if goes to Baguio Mized — A condition that depends pon the will of ane ef the pant ee Prt” upon chance er upon the wil ors {hird person. (Example: 'D {sw ge G 50,000.00 if wil marry X) Possible and impossible » 2) Possible - One that is capable of fulfilment {nits nature and by law. Impossible - One that is not capable of fulfilment in its nature, such as “if you can ‘swim deross the Pacfie Ocean, or dite to ‘operation of law, such as “ff you Kill 0. In. this case, the obligation and the condition are void. ‘(Art 1183), Note: If the condition is nat fo de an impossible thing, it shall be deemed as not ‘having been agreed upon. (Art. 1183) Thus, the obligation "is immediately demandable. (Example: D is to give © 50,000.00 if C does not swim across the Pacific Ocean.) 4. Positive and negative 3) Positive - This is a condition that some event happen at @ determinate time. Here, ‘obligation is extinguished as soon a the ‘time expires or’ it has become Indubitable that the event will not take place. (Art. 1184) Example: D is to give C P50,000.00 if C will marry X on or before June 30, 2016. The obligation will be extinguished ‘on July 1, 2016 if C has not yet married X 30 a EES aEae ere See fas of June 30, 2016. If X dies on June 1, 2016 before Chas married her, then the obligation is extinguished on such date because there is no more doubt that the ‘marriage will not take place. [Negative ~ This is @ condition that some event will not happen at a determinate time, Here, the obligation becomes effective fas soon as'the time indicated has elapsed or it has become evident that the event will not occur. (Art. 1185) Example: -D is to give C P50,000.00 if will not marry X on or before June 30, 2016. The obligation becomes effective on July 1, 2016 if C has not yet married X as fof June 30, 2016. If X dies on June 1, 2016 before C has married her, then the 's effective on such ‘date ‘no more doubt that the ‘marriage will not take place. © Divisible and indivisible y Divisible ~ One that is capable of ypartial performance. Under Art. 1183, if the obligation is divisible, that part thereof which is not affected’ by the impossible or unlawful condition shall be valid I Examples: (a) D is to give C a can’ if C finishes his law course, P1,000,000.00 if C tops the Bar Examination. If D finishes his law course, hhe'may demand the delivery of the car. However, he may not demand the payment ‘f P1,000,000.00 if he does not top the Bar. 1b) D is to give Ca car if C finishes his law course and P1,000,000.00 if C can get @ copy of the test questions in the Bar Examination in advance. Even if both’ conditions are fulfilled, C can only ask for oe a the delivery of a car from D because the ‘Second condition is unlawful 2) Indivisible ~ One that is not capable of Partial performance by its nature ot by law oF agreement ofthe partie Example: D is to give C a car if finishes his law course and tops the Bar. € ‘must comply with both conditions before he ‘ean ak forthe delivery ofa car from D. Effect of fulfillment of suspensive condition (Art. 1187) General rule: The effect of the fulfilment of the suspensive condition retroacts to the day. of the conetituvion of the obligation. Exceptions: There shall be. no retroactive’ effect with respect to the fruits and interests as follows, 1, In reciprocal obligations, the fruits and interests shall be deemed to have been mutually compensated, e., each arty shall keep the fruits and interest received by him prio to the fulfillment of the condition, Example: On May 1, 2011, $ agreed to sell his land to B and B agreed to pay the price of PS0,000.00 if X finishes his Accounting degree on March 15, 2015. x finished his Accounting degree as stipulated. It was as if 'S was entitled to the price and B to the land beginning on May 1, 2011. However, S shall keep the fruits on the land ‘and B the interest on the price during the pendency of the condition. 2. In unilateral obligations, the debtor keeps the fruits ané interests received before the fulfillment of the condition, Example: On May 1, 2012, § promised to give B his tand if B passed the Bar Examination in Februe y 2015. B passed the Bar Examination as stipulated. it was as if B was entitled to the land beginning on May 1, 2012. However, S will keep the fruits on the land during the pendeney of the condition, 32 (art, 1188) 1 2. OBLIGATIONS, of the pasties before the fulfilment of the condition te may bring the appropiate actions fr the Coen He hls right, such es registering his claim preservatioy ter of Deeds, \f appropriate, to notify all mi he Regie fang tne debor fo provide @ secu i did Fora out to become insavent. Debtor ~ He may recover what he has paid by mistake. Effect when the debtor voluntarily prevents fulfillment of the condition prevents its ful ‘The condition is deemed fulfilled if the debtor voluntarily ifllment (Art. 1186}; hence, the obligation becomes Prwediately demandable. Here, there must be an intent on part Ur the debtor to prevent compliance with the condition and ‘actually prevents its fulGllment. Example: ‘marathon athlete, promised to give P10,000.00 to'C, 6c banner cae daring the atlete mest However, on the SC Peete racer put a sobatance on the dri of € See tat weakening ee taking the drink, and hence SEEAGTint ont rae, Here D must pve P10,000.00 0 © Shc th onions deemed fale Rules In case of loss, deterioration or improvement of determinate thing before the fulflliment of the suspensive condition (Art. 1189) 1 Lose of the thing & Without debtor's fault - Obligation is extinguished. With debtor's fault - Debtor is obliged to PAY damages Concept of loss A thing is considered lost when it perishes, or goes out of commerce or disappears in such a way that its ‘eustence is unknown of it cannot be recovered. Example: D is obliged to give C a specific house if passes the CPA Examination, If the house is destroyed OBLIGATIONS = in 2 fire without the fault of D before C 6 Cpases the CPA Examination, D's obligation in entigulsbed even iC thereafter, pases the CPA Examination But the Rouse is destroyed through the fault of D such as when he Paced nie the hte highly mate chemicn oich ps then D hal be bl : should C pass the CPA Examination, faa cane Deterioration ofthe thing 4. Without debtor's fault ~The impairment shall be tome by the creditor, ie, lablty on the part of the debtor to pay dasnagc. b With “debrors fault ~ The creditor may choose betieen: 1) Rescission, plus damage, and 2) Rulfliment, pus daunages. Example: D in obliged to ge a specie cart © i.¢ finishes his degre. The deterioration of the car due to ‘wear and tear before C finishes his economice degree wall be bore by CAFC later fnahes the said degree. However, ifthe car is damaged in an acedent due to D's ful, Ci he finishes, hie sconomics degree, may rescind the Contract and ask for damages, of ask D to deliver the car {nite deteriorated condition plus damages Improvement ofthe thing @. By nature or by time ~ The improvement shall inure to the benefit ofthe creditor. ‘Example; Dis obliged to give his vioin'to C fC finishes hie course in music. If the quality of the tone produced by the violin had improved between the time that D's obligation was ‘constituted and the completion by C of his course {in music, then such improvement shall inure to the benefit of C. b. At the expense of the debtor ~ The debtor will haye the rights granted to a usufructuary, ie. he can hhave enjoyment of the use of the improved thing ‘and its fruits. He may remove the improvement if Aodamage is caused to the principal thing. If the Improvement cannot be removed without causing damage to the principal thing, the thing and the Improvement shall be delivered to the creditor without any right on the part of the debtor to Indemnity. He may, however, set off the improvements against any damage to the thing. (arta, 579 and 580) Example: _D is obliged to give his only car to C if C finishes his economics degree. Before C. finished the said degree, D had the car repainted, In this case, D can continue using the car in its {improved condition. Upon the completion by C of his economics degree, D cannot remove the paint ‘becaue it will aise damage to the car. However, ithe had caused a dent on the car due to his fault, hhe may set off the cost of damage brought by such dent against the cost of repainting. [ale in case of fulfilment of resolutory condition (Art. 1190) 1, Upon the fulfillment of the resolutory condition, the obligation is extinguished 2. The parties shall return to each other what they have received. 3. In case of loss, deterioration or improvement of the thing, the provisions in the above rule (Art. 1189), which pertain. to the debtor shall be applied to the party who is bound to return, Reciprocal obligation, concept A reciprocal ‘ligation is one that arises from the same cause and in ‘which each party is a debtor and a creditor of the ther, auch thst the obligation of one to dependent. upon U%= obligation of the other. (Geldloop Properties, Inc. ve. Government Service Insurance System, GR. No. 171076, August. 1, 2012} Reciprocal obligations are to he pe: formed simultaneausly so that the performance of one i conditioned upon the ammultane®Ut fulfillment of the other. (Jalandoni vs, Cabalum Comme! School, 61216-R, July 15, 1980) OBLIGATIONS 35 S sold his Toyota car to B ‘The detiery ofthe cary igs cA 1B fr 200,000 00 the pie by Band vicevera” MPendent Wen the payment of 1. Rescission with damages 2. Fulfillment of the obligation with damages ‘The above remedies may be availed of by the injured party in the alternative, He cannot ask for both, (Verecur va, Baan, ‘44 Phil 601) If he has chosen reaciesion ofthe obligation, he can rno longer ask for fulfilment. However, Ihe may also seek rescission, even after he has chosen fulfilment, the later becomes impossible ‘Obligations with a Period Obligation with a period, concept ‘An obligation with a period is one whose demandabilty or extinguishment is subjected to the expiration of the term which ‘must necessarily come. In other words, there is a day certain ‘when the obligation will arise or cease. Examples: (1) Dis obliged to give his car to C on May 1, 2016. On May 1, 2016, the obligation becomes demandable by reazon of the expiration of the term or period. The period here is ‘one with a suspensive eflet or ex die. (2) On January 1, 2016, D allowed. to use his car until May 1, 2016. The obligation is demandable on January 1, 2016 but on May 1, 2016, D's obligation to let C tise his car is extinguished by reason of the expiration of the term. The period here is one with a resolutory effect or in diem. C must therefore return the car Concept of period and day certain Period ie space of tine which determines te ete or extingutshment ofan obligation. ‘Th, the space of time teween Jeary, 2015 and January 1, 2016 ts @ penod the lapse of which will cause an obligation to arise or cease. OBLIGATIONS fat which must necessarily come when. (Art. 1193) An example is, * rl necessarily come. Thus, if the hig 9,000.00 when X dies, the obligation A day certain is although it may not the death of « person obligation of D is to give fs one with a Period dlstingniahed from condition Tso finest a i rein is an event that A OF MAY not ue sod is an event that must necessarily come, apes psd isan cen ra atime hat cat be et 2. Asto time - ‘A condition may refer to the future or to @ past event unknown to the parties; a period always refers to the future. 3, As to influence on the obligation = ‘A condition causes an obligation to-arise or to cease; a period merely fixes the time for the ‘fficaciousness of an obligation. (8 Manresa 153, 154) 4, Asto the will of the debtor ‘A period that depends upon the will of the debtor ‘authorizes the court to fix its duration. (Art. 1197, par. 2) ‘while a condition that depends upon the will of the debtor ‘which is suspensive shall annul the obligation. (Art 1182). Kinds of period 1. Bx die ~ This is a period with a suspensive effect. Here, the dbligation becomes demandable upon the lapse of {7° period. (Art 1193) (Ex die, Latin for *from a certain 48y-") 2. Indiem ~ This ia a period with a resolutory effect. Het ihe obligation is devandabie a ee but extinguished upon the lapse of the period. (Art. 1193) (in diem, 14 for “until a certain day Other kinds are: ‘OBLIGATIONS = 1, Legal’~A period that is fixed by law. 2, Voluntary ~ This is fixed by the parties 3, Judicial ~ One that is fxed by the court. Problem “Twill pay you my debt when my means permit me to do 07 Is this an obligation witha period or with a condition? ‘Answer: This is an obligation with a period Here, the remedy of the creditor is to ask the court to fix the penod. (Art. 1180, 1197) Once the court has ited the period, ¢ may no longer ‘change it as it becomes a part of the agreement by the parties. ‘When the court may fix the period (Art. 1197) 1, If the obligation does not fx a period, but from its nature fand circumstances it can be inferred that a period was, intended Example: D is obliged to construct the mansion of C. However,)no period was indicated in the agreement as to ‘when D must complete the construction of the mansion. Here, it is clear that @ period was intended since the constriction of the mansion wil take some time to Complete. C-may thus go the court and ask it to fix the uration of the construction of the mansion. 2. When the duration of the period depends upon the will of the debtor. Examples: a. ‘when my means permit me to do sot (Art. 1180) ttle by litte” (Seone vs. Franco, 24 Phil 309) ‘c. tas.soon as I have the money” (Patente vs. Omega, G.R. No, L-4433, May 29, 1953) 4. ‘ag soon as possible” (Gonzales vs. Jose, 66 Phil 369) © “in partial payments” (Levy Hermanos vs. Paterno, 18 Phil 353), OBLIGATIONS a8 srenunyton nto wh as bbe ft prod Le asa an ch. al “ete ree ete Sn a oe pel en cane ee Sher ae howl appear that it Aas been 2th eee Genet of aly one ofthe partes. (Art. 1196). Spoec cece oe Sa SN Stee nanse wre pian nto? fon Son nt avs, rae Go Oran ec eae nis, fiehen rues eden SP ae fragt shag a pe See aantan winner Dane? Sere Sere taba Seam cos zevieaee Period la for the benefit of one of the partion 1. For the benefit ofthe debtor ~ He cannot be compelled to perform his obligation before the expiration. of the term, But he may choose to perform before such expiration at ‘is option. * D is obliged to pay C 10,000.00 on or before December 31, 2015. D cannot be compelled to pay before December 31,2015. However, he may pay at any ‘time before December 31, 2018 or on December 31, 2015 at his option, 2 For the benefit of the creditor - He cannot be compelled to accept performance before the expiration of the term, but Be may choose to demand performance before such expiration at his option. Example: On November 1, 2015, D borrowed fort £.510,000.00 *cotlectbie” on or before June 30, 2016. C ma peyment on June 30, 2016 or at any time Kore ante oe cr ‘accept the payment at anytime before June 30” 2016. OBLIGATIONS. When debtor loses his right to make use of the period if tt la for bis benefit; (Art. 1198), Le., the creditor may"demand Immediate payment 1. When he becomes insolvent, unless he gives a guaranty or security for the debt Here, since the debtor does not have sufficient property, the security may be provided by a third person Such as a guaranty of by a pledge or mortgage by such third person. 2. When he fails to furnish the guaranties or securities that he has promised. Example: __D_ borrowed 20,000.00 from promising to pledge his ring to C to secure the debt within fone month. " C gave D one year to pay the loan. D, however, failed to pledge his ring within the period agreed upon. in this case, C can demand immediate payment leven before the agreed due date thereof. 3. When he impairs the said guaranties or securities by his ‘own acts, or when through a fortuitous event they disappear, unless he gives new ones equally satisfactory, Example: __D obtained a loan from C, the same being secured by a chattel mortgage on D's car. The loan is payable within one year. On the seventh month, the car was razed by fire without D's fault. C can demand immediate payment unless D gives another security that is equally satisfactory. This is true even if the cause of the Joss or impairment was not due to the fault of D. Wt ey wring nun whe rata ea sg ae i te already demand immediate payment. : ‘When he attempts to abscond. 40 OBLIGATIONS, Thus, if the debtor has been disposing all hig property with an attempt to leave his place of business st Fesidence to escape his creditors, such creditors eat demand immediate payment of his debts although ther, maturity date is not yet due Alternative Obligations and Facultative Obligations Kinds of obligations according to the number of prestations 1. Simple - One where there is only ong prestation. 2. Compound - One when there are several prestations. This may be: 2. Conjunctive ~ Here, several prestations are due but all must be performed. Example: D is to give C a specific ring, a specific watch and a specific bracelet to C.D must deliver all the items to C. b. Distributive or disjunctive - This may either be alternative or facultative. Alternative obligation, concept ‘An alternative obligation is one where several prestations ‘are due but the complete performance of one of them is sufficient Aoextinguish the obligation, (Art. 1199) Example: D is obliged to give a specific ring, a speciic watch ora specific bracelet to C. ‘The delivery of any of the three articles Will extinguish the obligation. Right to choose prestation : ‘The right of choice belongs to the debtor, unless it hat been expressly given to the creditor. (Art. 1199) Limitations on debtor's right to choose 1. The debtor must completely perform the Chosen. He cannot compel the creditor to receive fone and part of another undertaking. (Art. 1199) prestation part of OBLIGATIONS 4 2, He cannot choot the oe presatons which are impossible unlawful or which could not have the object of the obligation. (Art, 1199) eee When obligation cones to be alterna hen tein ternative and becomes « 1. When the debtor has communica his chee to creditor, (Art. 1201) ee = 2. When among the presatons whereby" the debtor is sltematively Bound cay one recat at 1509) 9. When the creo has commune i ce othe if he cretor has en expres ie the AEM of choice. (Art. 1205) — = Rules in case of loss of things or impossibility of services which are alternatively the object of the obligation before the choice is communicated 1. When right of choice is with the debtor (Art. 1204) 2. If only one or some are lost through a fortuitous event or through the debtor's fault, the debtor ‘may deliver any of the remainder, of that which remains if only one subsists }. Hf all are lost through @ fortuitous event, the ‘obligation is extinguished (based on the rule that no person shall be responsible for fortuitous event) € —Mallare lost through the debtor's fault, the debtor shall pay the value of the last thing that was lost plus damages. 4 Tall except one are lost through the debtor's faut, fand the remaining item is. subsequently los through a fortuitous event, then the debtor's obligation is extinguished. © Ifall except one are lost through a fortuitous event, ‘and the remaining item is subsequently lost through the debtor's fault, the debtor shall pay damages. Examples: a OBLIGATIONS a speci ring, a specie bracelet or « Dis to give Co se uigation is silent as to who will ee ete er ee te choice belongs to D. es

    You might also like