Made voluntarily and freely 4 made in due time before

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Unformatted text preview: gh the fault of the former, has disappeared with a right to damages • If all the things are lost through the fault of the debtor, the choice by the creditor shall fall REQUISITES FOR MAKING THE CHOICE: 1. Made properly so that creditor or his agent will actually know 2. Made with full knowledge that a selection is indeed being made 3. Made voluntarily and freely 4. Made in due time – before or upon maturity 5. Made to all proper persons 6. Made w/o conditions unless agreed by the creditor 7. May be waived, expressly or impliedly ALTERNATIVE vs. FACULTATIVE ALTERNATIVE FACULTATIVE a) Only one thing is due a) Various things are due but but a substitute may be to render the giving principally given payment/fulfillment easy of one is sufficient b) If one of b) If principal obligations prestations is illegal, is void and there is no others may be valid necessity of giving the but obligation substitute; nullity of P remains carries with it nullity of S c) If it is impossible to give all except one, the last one must still be given d) Right to choose may be given either to debtor or creditor c) If it is impossible to give the principal, the substitute does not have to be given; if it is impossible to give the substitute, the principal must still be given d) The right of choice is given only to the debtor JOINT AND SOLIDARY OBLIGATIONS (See Arts. 1207 – 1222) JOINT – presumption when two or more creditors or two or more debtors concur in one and the same obligation EXCEPTIONS TO THE PRESUMPTION 1. when expressly stated that there is solidarity 2. when the law requires solidarity 3. when the nature of the obligation requires solidarity 4. when a charge or condition is imposed upon heirs or legatees and the testament expressly makes the charge or condition in solidum (Manresa) Page 112 of 297 Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 5. when a solidary responsibility is imputed by a final judgment upon several defendants (Gutierrez v. Gutierrez) breach, indivisibility of the obligation is terminated EFFECTS OF JOINT LIABILITY 1. Demand on one produces delay only w...
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This document was uploaded on 02/18/2014 for the course ACC 2001 at Alabama Christian Academy.

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