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The injured party may choose between the fulfillment

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Unformatted text preview: has been no stipulation to the contrary. (1112) Art. 1191. The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him. The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. He may also seek rescission, even after he has chosen fulfillment, if the latter should become impossible. The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a period. This is understood to be without prejudice to the rights of third persons who have acquired the thing, in accordance with Articles 1385 and 1388 and the Mortgage Law. (1124) Art. 1192. In case both parties have committed a breach of the obligation, the liability of the first infractor shall be equitably tempered by the courts. If it cannot be determined which of the parties first violated the contract, the same shall be deemed extinguished, and each shall bear his own damages. (n) REMEDIES AVAILABLE TO CREDITORS FOR THE SATISFACTION OF THEIR CLAIMS 1. Exact fulfillment of the obligation by specific or substitute performance with a right to damages in either case; 2. In case of reciprocal obligations, petition the court to resolve the contract; 3. Pursue the leviable (not exempt from attachment under the law) property of the debtor; 4. Accion directa (Arts. 1729 and 1652):Right of the lessor to go directly to sublessee for unpaid rents of the lessee. Right of the laborers or persons who furnish materials for a piece of work undertaken by a contractor to go directly to the owner for any unpaid claims due to the contractor 5. Accion subrogatoria – to be subrogated to all the rights and actions of the debtor save those which are inherent in his person • REQUISITES: a. The debtor to whom the right of action properly pertains must be indebted to the creditor; b. The creditor must be prejudiced by the inaction or failure of the debtor to proceed against the third person; c. The creditor must have pursued first or exhausted all the pr...
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