Alternative-Obligations-Q-A Flashcards
What is an Alternative Obligation?
An obligation where various prestations are due, but the performance of one is sufficient to extinguish obligation.
Define Facultative Obligation.
An obligation where only one prestation is due, but the obligor may render another in substitution.
What is a Conjunctive Obligation?
An obligation where there are two or more prestations and all of them are due.
What limitations exist on the right of choice of the debtor in alternative obligations?
The debtor cannot choose prestations that are impossible, unlawful, or which could not be the object of the obligation.
Illustrate a limitation on the debtor’s right of choice.
The debtor cannot choose to kill someone in return for money or deliver a horse with 10 legs from Mars.
Under what condition can a debtor rescind the contract with damages?
If through the creditor’s acts, the debtor cannot make a choice according to the terms of the obligation.
What happens if some objects of the obligation are lost through the fault of the debtor who has the right of choice?
The debtor is not liable since he has the right of choice and the obligation can still be performed.
What is the consequence if all objects are lost through the fault of the debtor?
The creditor has the right to indemnity for damages since the obligation can no longer be complied with.
Can D change his period after informing C he would deliver his piano?
Yes, as long as he gains consent from C, since the choice produces no effect until communicated.
What is X’s liability if item two is lost or destroyed through his fault?
The creditor may claim any of the subsisting items or the price of the lost item, with a right to damages.
What happens if all items are lost or destroyed 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.
Is S liable to B if the TV is lost through S’s fault?
Yes, S is liable for damages if the principal thing is lost through the debtor’s fault.
