BA161_Ch3_Sec3 Flashcards
[T/F] A person alternatively bound by different prestations shall completely perform one of them.
True Art 1199
[T/F] The creditor cannot be compelled to receive part of one and part of the other undertaking.
True Art 1199
Kinds of obligation according to object
[1] Simple obligation [2] Compound Obligation
A compound obligation where there are several prestations and all of them are due
Conjunctive Obligation
A compound obligation where two or more of the prestations is due.
Distributive Obligation
Two tyes of Distributive Obligation
[1] Alternative Obligation. One whre several prestations are due but the performance of one is sufficient. [2] Facultative Obligation. One where only one prestation is due but the debtor may substitute another.
As a general rule in alternative obligations, performance of one prestation is sufficient as determined by the choice of which belongs to the ________.
Debtor Art 1199
In Art 1200, Right of choice belongs to the _____, unless it has been expressly granted to the _______.
Debtor. Creditor.
The debtor shall have no right to choose those prestations which are [1] ________ , [2]__________ or which could not have been [3]_____ of the obligation.
[1] Impossible [2] unlawful [3] Object
[T/F] By way of exception, choice may be exercised by the creditor but only when expressly granted to him or by a third person when the right is given to him by common agreement.
True. Art 1200
The debtor’s right of choice is not extinguised altogether but limited to the remaining ______ ______
valid prestations. Art 1200
Limitations of the debtor’s right of choice:
[1] He cannot choose those prestations which are (a) Impossible (b) unlawful or ? which could not have been object of the obligation. [2] When among the prestations, only one is practicable. [3] He cannot choose part of one prestation and art of another prestation.
Art 1201. The choice shall produce no effect from the time it has been _________.
Communicated
Communication of notice that choice has been made:
[1] Effect of notice. Until the choice is made and communicated , the obligation remains alternative. [2] Proof and Form of notice. Burden of proving is upon him who made the choice.
Once the notice has been given to the creditor, the obligation ceases to be alternative and becomes ______
Simple
[T/F] The choice once properly communicated is irrevocable and cannot, therefore, be changed by either party without the consent of the other.
True. Art 1201
Art 1201. The debtor shall lose the right of choice when among the prestations whereby he is alternatively bound, only one is __________
practicable.
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.
[T/F] The creditor shall have a right to indemnity for damages when, through the fault of the debtor, all the things which are alternatively the object of the obligation have been lost, or the compliances of the obligation has become impossible.
True. Art 1204
From Art 1204, the indemnity sahll be fixed taking as a basis the value of the _________ which disappeared, or of the ______ which last became impossible.
[1] Last thing [2] service
[T/F] Damages other than the value of the last thing or service may also be awarded.
True 1204
Effect of loss of objects of obligation:
[1] Some of the objects have been lost/impossible even through the faulth of the debtor, the latter is not liable since he has the right of choice and the obligation can still be performed. [2] All of the objects have been lost/ impossible through the debtor’s fault, the creditor shall have the right to indemnity for damages since the ibligation can no longer be complied with.
[T/F] 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.
TRUE. Art 1205
From Art 1205, The responsibility of the debtor shall be governed by the following rules:
[1] When a thing is lost through a fortuitous event, perform the obligation by delivering that which the creditor should choose from among the remainder, or that which remains if only subsists. [2]When a thing is lost through the debtor’s fault, creditor may claim any of those subsisting, or the price of the which has diappeared, with a right to damages [3] When all things are lost through debtor’s fault, the choice by the creditor shall fall upon the price of any one of them, also with indemnity for damages.
The loss or deterioration of the thing intended as a substitures, 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 or the substitute on the account of his [1]_____[2]_______[3]______.
[1] Delay [2] Negligence [3] Fraud
