Until the choice is made and communicated the obligation remains alternative

Until the choice is made and communicated the

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Until the choice is made and communicated, the obligation remains alternative. Once the notice to the effect that a choice is made, the obligation ceases to be alternative and becomes a simple obligation. Art. 1202. The debtor shall lose the right of choice when among the prestations whereby he is alternatively bound, only one is practicable. (1134) Art. 1203. If through the creditor’s acts the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages. This is the case or examples for both Art. 1202 and Art. 1203 When debtor may rescind contract - Example : Gala borrowed from Tome P7, 000.00. it was agreed that instead of P7, 000, Gala could deliver a TV set or a refrigerator or a piano. If through the fault of Tome, the TV set was destroyed, Gaya can rescind the contract if she wants. In case of rescission, the amount of P 7, 000.00 must be returned by Gala with interest. Tome, in turn, must pay Gaya the value of the TV set plus damages. Art. 1204. The creditor shall have a right to indemnity for damages when, through the fault of the debtor, all the things which the object of the obligation are alternatively have been lost, or the compliance of the obligation has become impossible.
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When right of choice is with debtor and all prestations were lost The indemnity shall be fixed taking as a basis the value of the last thing which disappeared, or that of the service which last became impossible. Damages other than the value of the last thing or service may also be awarded. (1135a) When right of choice is with debtor and all prestations were lost This article entitles the creditor to indemnity for damages when all the alternative objects are lost through the fault of the debtor before he has made his choice. The indemnity for which the creditor is entitled shall be based on the value of the last thing which disappeared or lost, or the compliance of the obligation has become impossible. Art. 1205. When the choice has been expressly given to the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor. Until then the responsibility of the debtor shall be governed by the following rules: (1) If one of the things is lost through a fortuitous event, he shall perform the obligation by delivering that which the creditor should choose from among the remainder, or that which remains if only one subsists; (2) If the loss of one of the things occurs through the fault of the debtor, the creditor may claim any of those subsisting, or the price of that which, through the fault of the former, has disappeared, with a right to damages; (3) If all the things are lost through the fault of the debtor, the choice by the creditor shall fall upon the price of any one of them, also with indemnity for damages. The same rules shall be applied to obligations to do or not to do in case one, some or all of the prestations should become impossible. (1136a) When Right of Choice is with Creditor and All Prestations Were Lost - This article provides
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