for the rules to be observed when the right of choice is expressly granted to

For the rules to be observed when the right of choice

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for the rules to be observed when the right of choice is expressly granted to the creditor, the rules are as follows: 1. When a thing is los through a fortuitous event - Example : Gala obliged herself to deliver to Tome a TV set, or a refrigerator, or a piano. If the TV set was lost through fortuitous event, Tome can choose from among the remainder or that which remains if only one subsists. 2. When a thing is lost through debtor’s fault Example: If the loss of the TV set occurs through the fault of Gala, Tome may claim the refrigerator or the piano with a right of damages or the price of the TV set with a right of damages. 3. When all the things were lost through debtor’s fault - Example : If all the items are lost through the fault of Gala, then Tito can demand the payment of the price of any one of them with a right to indemnity for damages.
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4. When all the thing is lost through a fortuitous event - Example : The obligation of Gaya shall be extinguished if all the items which are alternatively the object of the obligation are lost through a fortuitous event (Art. 1174 will apply). Art. 1206. When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called facultative. The loss or deterioration of the thing intended as a substitute, through the negligence of the obligor, does not render him liable. But once the substitution has been made, the obligor is liable for the loss of the substitute on account of his delay, negligence or fraud. Facultative Obligation Example: I will give you my car, but I may give my Scooter set as a substitute. SECTION 4. – Joint and Solidary Obligations Art. 1207. The concurrence of two or more creditors or of two or more debtors in one and the same obligation does not imply that each one of the formers has a right to demand, or that each one of the latter is bound to render, entire compliance with the prestation. There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity. (1137a) Art. 1208. If from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits. (1138a) This is the example or case for both Art.1207 and Art. 1208 Joint Obligation Example of different instances : 1) X, Y, and Z borrowed P10, 000 to Z. The presumption is that X, Y and Z are jointly liable. Z can demand onlyP4, 000 from each or a total of P10, 000. 2) A borrowed from X, Y and ZP9, 000. There is one debtor and three creditors. Each creditor can demand only P4,000 from X.
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