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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.
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
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
a. The debtor to whom the right of action
properly pertains must be indebted to the
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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This document was uploaded on 02/18/2014 for the course ACC 2001 at Alabama Christian Academy.
- Winter '14