Alternative Obligation
SECTION 3. - ALTERNATIVE OBLIGATIONS
An alternative obligation is one wherein various prestations are due but the performance of one of them is sufficient as determined by the choice, which, as a general rule, belongs to the debtor.
Right of choice, as a rule, given to debtor.
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.
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 prestation. (Art 1199)
Communication of notice that choice has been made * The debtor must choose and communicate his choice to the creditor. * The alternative obligation will be converted into a simple obligation * The proof and form of notice may be made by orally or in writing, expressly or implied.
Effect when only one is practicable * The debtor loses his right of choice when only one alternative prestation is practicable of performance.
When debtor may rescind contract * If the debtor could not make a choice due to the creditor’s act of making prestations impossible, debtor may RESCIND the contract with damages.
Rescission creates the obligation to return the things which were the object of the contact together with their fruits, and the price with its interest. * If the debtor is being prevented to choose only a particular prestation, and there are other available, he is free to choose from them, after notifying the creditor of his decision
The effects of loss or impossibility of the alternative prestation BEFORE the right of choice is exercised. * Once the debtor has communicated his choice of alternative prestation to be performed to the creditor, the obligation becomes simple * If the chosen
An alternative obligation is one wherein various prestations are due but the performance of one of them is sufficient as determined by the choice, which, as a general rule, belongs to the debtor.
Right of choice, as a rule, given to debtor.
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.
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 prestation. (Art 1199)
Communication of notice that choice has been made * The debtor must choose and communicate his choice to the creditor. * The alternative obligation will be converted into a simple obligation * The proof and form of notice may be made by orally or in writing, expressly or implied.
Effect when only one is practicable * The debtor loses his right of choice when only one alternative prestation is practicable of performance.
When debtor may rescind contract * If the debtor could not make a choice due to the creditor’s act of making prestations impossible, debtor may RESCIND the contract with damages.
Rescission creates the obligation to return the things which were the object of the contact together with their fruits, and the price with its interest. * If the debtor is being prevented to choose only a particular prestation, and there are other available, he is free to choose from them, after notifying the creditor of his decision
The effects of loss or impossibility of the alternative prestation BEFORE the right of choice is exercised. * Once the debtor has communicated his choice of alternative prestation to be performed to the creditor, the obligation becomes simple * If the chosen