Chapter 3 - Section 3 - Alternative Obligations Flashcards
There is only one prestation.
Simple Obligation
There are two or more prestations.
Compound Obligation
There are several prestations and all of them are due.
Conjunctive Obligation
Two or more of the prestations are due.
Distributive Obligation
Several prestations are due but the performance of one is sufficient
Alternative Obligation
One prestation is due but the debtor may substitute another.
Facultative Obligation
Effect of Loss of Some of the Objects
Have been lost or have become impossible even through the fault of the debtor, the latter is not liable.
Effect of Loss of All of the Objects
Creditor shall have the right to indemnity for damages.
If one of the things is lost through fortuitous event
Creditor chooses from the remainder - debtor delivers the choice to creditor.
If the loss of one of the things occurs through the fault of the debtor
Creditor may choose any one of the remainders with right to damages.
If all the things are lost through the fault of the debtor
Creditor can demand the payment of the price of any one of the things with a right to indemnity for damages.
When all three things are lost through a fortuitous event
Obligation is extinguished.
Effect of Loss Before Substitution - fortuitous event
The obligation is extinguished; fault of debtor - liable for damages.
Effect of Loss After Substitution
Debtor is not liable because it is no longer due. If the substitute is lost, the liability depends upon whether it is the debtor’s fault or not.