What is an alternative obligation?
Alternative Obligation- is one where the debtor is alternatively bound by different prestations but the complete performance of one of them is sufficient to extinguish the obligation. While there are several prestations, only one is due.
What is alternative obligation example?
Where a person engages to do, or to give several things the payment of one will acquit him of all. For example, A agrees to give B, upon a sufficient consideration, a horse, or one hundred dollars.
Who has the right to choose the prestation in alternative obligations?
As a general rule, the right to choose the prestation belongs to the debtor[1] except if it is expressly granted to the creditor or it is expressly granted to a third person.
What is the difference between facultative and alternative obligation?
Facultative obligation refers to a type of obligation where one thing is due, but another is paid in its place. In such type of obligations there is no alternative provided. The debtor is given the right to substitute the thing due with another that is not due.
What is alternative and facultative obligation and example?
A facultative obligation refers to only one prestation agreed upon, but the obligor may render another in substitution. For example, I will give you my phone but I may give you my laptop as a substitute. In this obligation, only the phone is due, Hence, the lost of the laptop will not render the obligor liable.
What are the basic rules governing loss of the principal substitute in a facultative obligation?
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.
What article is alternative obligation?
Alternative Obligation According to Article 1199, an alternative obligation is a kind of distributive obligation according to object in which various prestations are all due however, the performance of one is enough as determined by choice, which, as a general rule, belongs to the debtor.
Who has the right of choice in an alternative obligation when shall the choice become effective?
GENERAL RULE: The right to choose belongs to the debtor/ obligor Except: When the right has been expressly granted to the creditor Right of choice of debtor not absolute.
Is facultative obligation a valid obligation?
What are the limitations on the right of choice of the debtor in alternative obligations?
LIMITATION ON THE DEBTOR’S CHOICE (1) The debtor cannot choose those prestations which are (a) impossible , (b) unlawful ,or (c) which could not have been the object of the obligation. (2) Only one prestation is practicable (3) The debtor cannot choose part of one prestation and part of another…show more content…
What is an example of facultative obligation?
What is the effect if the substitute was lost after substitution by the debtor?
If the substitute prestations are lost or become impossible to perform before substitution, the debtor is not liable. However, if substitution has been made and communicated to the creditor, the loss or deterioration of the substitute on account of the debtor’s delay, negligence, or fraud, renders the debtor liable.
What is the meaning of Article 1199?
ALTERNATIVEOBLIGATIONS Article 1199. A person alternatively bound by different prestations shall completely perform one of them. The creditor cannot be compelled to receive part of one and part of the other undertaking. by: Jayson Calventas Ang taong kahaliling mananagot sa ibat-ibang prestasyon ay dapat ganap na tutupad ng isa sa mga ito.
What is alternative obligations and contracts Section 3?
ALTERNATIVE OBLIGATIONS – OBLIGATIONS AND CONTRACTS SECTION 3. ALTERNATIVE OBLIGATIONS Article 1199. A person alternatively bound by different prestations shall completely perform one of them.
What is alternative obligation?
Alternative Obligation – debtor is alternatively bound with various prestations that are due but the performance of one of them is sufficient to extinguish the obligation. [ill. John borrowed P50,000 cash from Shiela. It was agreed that John has the alternative to pay Shiela either in P50,000 cash or an Iphone 6Splus, or a 40” LED TV.
Can a person alternatively bound by different prestations completely perform one undertaking?
A person alternatively bound by different prestations shall completely perform one of them. The creditor cannot be compelled to receive part of one and part of the other undertaking. (1131) Ang taong kahaliling mananagot sa ibat-ibang kabayaran o pananagutan ay kailangan kumpletong isagawa ang isa sa kanila.