HO_15 Flashcards
One wherein various of presentations are due but the performance of one of them is sufficiently determined by the choice which, as a general rule, belongs to the debtor
Alternative obligations
As a general rule, the right of choice is given to the ______
debtor
Limitations of the right of choice of the debtor (considered void)
Impossible
Unlawful
Not the object of the obligation
Effect of notice — Until the choice is made and communicated, the obligation remains ___________
alternative
Once the notice of election has been given to the creditor, the obligation ceases to be alternative and becomes ______
simple
If through the creditor’s acts the debtor cannot make a choice according to the terms of the obligation, who may rescind the contract with damages?
debtor
Articles ____ and ____ apply when the right of choice belongs to the debtor.
Art. 1203 and Art. 1204
Under Article ____, the creditor has the right to choose.
1205
If SOME of the objects of the obligation have been lost or have been impossible even through the fault of the debtor, is the debtor still liable?
Yes
If ALL of the objects of the obligation have been lost or have been impossible even through the fault of the debtor, is the debtor still liable?
Yes, the creditor shall have a right to indemnity for damages
If the cause of loss is a fortuitous event, is the debtor still liable?
No. The obligation is extingushed
The phrase “or the compliance of the obligation has become impossible” refers to
obligations “to do”
WHat is the basis of indemnity
value of the last thing that disappeared (obligations to give) or that of the service last became impossible (obligations to do)
In case of disagreement, it is incumbent upon the ________ to prove such value, or which thing last disappeared or which service last became impossible.
creditor
