Alternative Obligation Essay

GENERAL hulk The pay off to discern belongs to the debitor/ obligor Except When the right has been expressly granted to the creditor upright of excerpt of debtor non absolute. LIMITATION ON THE DEBTORS CHOICE (1) The debtor cannot ingest those prestations which be (a) hopeless , (b) unlawful ,or (c) which could not have been the object of the pledge. (2) Only unmatched prestation is practicable (3) The debtor cannot choose originate of one prestation and part of some other prestation. (Art 1199) Communication of notice that election has been made * The debtor must choose and communicate his choice to the creditor.* The utility(a) bargain testament be born-again into a simple responsibleness * The proof and form of notice may be made by or every last(predicate)y or in writing, expressly or implied. Effect when altogether one is practicable * The debtor loses his right of choice when still one secondary prestation is practicable of performance. When debtor may re scind wad * If the debtor could not rent a choice collectable to the creditors act of making prestations impossible, debtor may RESCIND the contract with damages. Rescission creates the obligation to return the liaisons which were the object of the contact together with their fruits, and the price with its interest.* If the debtor is being prevented to choose however a particular prestation, and there are other available, he is free to choose from them, after notifying the creditor of his decision The effects of bolshy or impossibility of the alternative prestation BEFORE the right of choice is exercised. * erstwhile the debtor has communicated his choice of alternative prestation to be performed to the creditor, the obligation becomes simple * If the chosen alternative is befuddled without the stain of the debtor, the obligation will be extinguished.* If the chosen alternative is lost due to the computer error of the debtor, the obligation will be converted into monetary consideration in the form of damages. * Effect if one or both(prenominal) of the alternative prestations in the alternative obligation are lost BEFORE the debtor has communicated his choice to creditor * The aftermath will really depend upon whether the right of choice was given to the debtor or to the creditor. A. When the right of choice belongs to the DEBTOR * If the going is due to FORTUITOUS EVENT a) If all alternative prestation are lost, the alternative obligation extinguished.(Article 1174) b) If two or more than alternative prestations remain, the debtor can still exercise his right of choice and choose from both remaining alternative prestation(Article 1200) c) If only one of alternatives remain, there is no more alternative obligation and only a simple obligation. * If loss is due to DEBTORs prison-breaking a) If all the alternative prestation are lost, the alternative obligation is converted into monetary consideration as indemnification for damages. The nucleoti de for the computation of the amount to be paid by the debtor will be the appraise of the last thing or service lost plus damages.b) If two or more of alternative prestation remain, the debtor can still exercise his right of choice and choose from any of the remaining alternatives (ART 1200) c) If only one alternatives remain, there is no more alternative obligation but only simple obligation. B. When the right of choice belongs to the CREDITOR * If the loss is due to a FORTUITOUS EVENT The effect s are the aforesaid(prenominal) as where the right of choice belongs to debtor * If the loss is due to DEBTORS FAULT a. If all the alternative prestations are lost, the alternative obligation is converted into monetary consideration as indemnity for damages.The basis for the computation of the amount to be paid by the debtor will be the value of any of object chosen by the creditor (because he is given the right of choice) plus damages. b. If two or more prestations remain, the obligatio n is still alternative . The creditor has the option to either b. 1 choose from among the remaining alternatives b. 2 chose the lost object. The debtor will be then apt(p) for the value of lost object chosen by the creditor plus the damages. FACULTATIVE OBLIGATION.* is one where only one prestation has been agreed upon but the obligor may render another in commutation * The right of choice belongs only to the DEBTOR * in one case the substitution is made, the obligation is converted into a simple one to deliver or perform the subd prestation. * The substitution also becomes effective only from the time the debtor communicates to creditor his choice to perform the substituted prestation. Alternative and Faculative Obligations Distinguised The differences are as follows 1) Number of prestations Alternative- several prestation are due but compliance with one is sufficient.Faculative- only one prestation is due although the debtor is allowed to substitute 2) Right of choice Alternat ive- the right of choice may given to creditor or tertiary person Faculative- the right to chance on substitution is given only to the debtor 3) Loss through a unintended event Alternative- the loss of one or more through a fortuitous event does not extinguish the obligation Faculative- the loss of the thing due extinguishes the obligation 4) Loss through shift of debtor a) Alternative- the loss of one through the fault of debtor does not render him liable.Faculative- the loss of the thing due through his fault makes him liable b) Alternative- where the choice belongs to the creditor, the loss of one alternative through the fault of the debtor gives rise to liability. Faculative- the loss of the substitute before substitution through the fault of the debtor does not render him liable. Effect on loss of the thing in Facultative Obligation BEFORE telephone exchange * The debtor is not liable if the substitute prestation is lost whether due to his fault or to a fortuitous event. * If the true prestation is lost by virtue of a fortuitous event, the obligation is extinguished.AFTER SUBSTITUTION * The debtor is not liable if the original prestation is lost whether due to his fault or to a fortuitous event. * If the substitute is lost, the liability of the debtor depends upon whether or not the loss is due to his fault. FACULTATIVE OBLIGATION * is one where only one prestation has been agreed upon but the obligor may render another in substitution * The right of choice belongs only to the DEBTOR * Once the substitution is made, the obligation is converted into a simple one to deliver or perform the substituted prestation.* The substitution also becomes effective only from the time the debtor communicates to creditor his choice to perform the substituted prestation. Alternative and Faculative Obligations Distinguised The differences are as follows 5) Number of prestations Alternative- several prestation are due but compliance with one is sufficient. Faculative- only one prestation is due although the debtor is allowed to substitute 6) Right of choice Alternative- the right of choice may given to creditor or third person Faculative- the right to make substitution is given only to the debtor 7) Loss through a fortuitous event.Alternative- the loss of one or more through a fortuitous event does not extinguish the obligation Faculative- the loss of the thing due extinguishes the obligation 8) Loss through fault of debtor c) Alternative- the loss of one through the fault of debtor does not render him liable Faculative- the loss of the thing due through his fault makes him liable d) Alternative- where the choice belongs to the creditor, the loss of one alternative through the fault of the debtor gives rise to liability. Faculative- the loss of the substitute before substitution through the fault of the debtor does not render him liable.Effect on loss of the thing in Facultative Obligation BEFORE SUBSTITUTION * The debtor is not liable if the su bstitute prestation is lost whether due to his fault or to a fortuitous event. * If the original prestation is lost by virtue of a fortuitous event, the obligation is extinguished. AFTER SUBSTITUTION * The debtor is not liable if the original prestation is lost whether due to his fault or to a fortuitous event. * If the substitute is lost, the liability of the debtor depends upon whether or not the loss is due to his fault.