Obligations+and+Contracts.printable

Alternative obligations see arts 1199 1206

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Unformatted text preview: tuitous event unless he gives new securities equally satisfactory • Violates undertaking in consideration of extension of period • Attempts to abscond Page 111 of 297 Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 upon the price of any 1 of them, also with indemnity for damages. ALTERNATIVE OBLIGATIONS (See Arts. 1199 – 1206) FACULTATIVE - only one prestation has been agreed upon but another may be given in substitution EFFECT OF LOSS OR DETERIORA0TION THRU NEGLIGENCE, DELAY OR FRAUD OF OBLIGOR: • Of thing intended as substitute - no liability • Of the substitute after substitution is made – with liability ALTERNATIVE – bound by different prestations but only one is due RIGHT OF CHOICE IN ALTERNATIVE OBLIGATIONS • As a general rule the right of choice belongs to debtor EFFECT OF LOSS OF OBJECTS OF ALTERNATIVE OBLIGATIONS 1. If the right of choice belongs to the debtor • If through a fortuitous event all were lost, debtor cannot be held liable for damages • If 1 or more but not all of the things are lost or one or some but not all of the prestations cannot be performed due to fortuitous event or fault of the debtor, creditor cannot hold the debtor liable for damages because the debtor can still comply with his obligation • If all things, except one, were lost, the debtor must comply by performing that which remain • If all were lost by fault of the debtor the later is liable for the value of the last thing or service which became impossible 2. If right of choice belongs to the creditor • If 1 of the things is lost through a fortuitous event, the debtor shall perform the obligation by delivering that which the creditor should choose from among the remainder or that which remainsQif only 1 subsists uickTime™ and a TIFF of 1 of the things occurs through decompressor • If the loss (Uncompressed) this picture. are needed to see the fault of the debtor, the creditor may claim any of those subsisting or the price of that which, throu...
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