Definition And Give An Exampl1
Definition and give an example:
1. Alternative Obligation
An alternative obligation is one where out of two or more prestations which may be given or performed; only one is due and the complete performance of one of them extinguishes the obligation.
The Obligee or creditor cannot be compelled to receive part of one and part of the other undertaking or prestation (Article 1199, Civil Code)
. For example, A agrees to give B, upon a sufficient consideration, a horse, or one hundred dollars. Usually, when an obligation is alternative, the choice of the item of performance belongs to the obligor unless it has been expressly or impliedly granted to the oblige.
2. Facultative Obligation When only one prestation has been has been agreed upon, but the obligor may render another in substitution, the obligation is facultative (Article 1206, Civil Code)
A facultative obligation is an obligation which has only one principal subject-matter (prestation), though in the event of the obligation being impossible to perform in the principal prestation, it may be realised in another performance that does not contradict to the principal one.
2. The debtor shall be discharged from performing the obligation if the principal prestation without his fault becomes impossible to perform, and the obligation cannot be performed in another prestation that does not contradict the principal one.
3. Joint Obligation
A joint obligation may be defined as an obligation where there is a concurrence of several creditors or several debtors, by virtue which each of the creditors has a right to demand, while each of the debtors is bound to render the compliance with his proportionate part of the prestation which constitute the object of obligation.
4. Solidary Obligation is one in which each of the debtors is liable for the whole obligation and each creditors may demand compliance of the entire obligation.
Example/Illustrations: Mark and Peter are jointly indebted to Domingo for the
1. Alternative Obligation
An alternative obligation is one where out of two or more prestations which may be given or performed; only one is due and the complete performance of one of them extinguishes the obligation.
The Obligee or creditor cannot be compelled to receive part of one and part of the other undertaking or prestation (Article 1199, Civil Code)
. For example, A agrees to give B, upon a sufficient consideration, a horse, or one hundred dollars. Usually, when an obligation is alternative, the choice of the item of performance belongs to the obligor unless it has been expressly or impliedly granted to the oblige.
2. Facultative Obligation When only one prestation has been has been agreed upon, but the obligor may render another in substitution, the obligation is facultative (Article 1206, Civil Code)
A facultative obligation is an obligation which has only one principal subject-matter (prestation), though in the event of the obligation being impossible to perform in the principal prestation, it may be realised in another performance that does not contradict to the principal one.
2. The debtor shall be discharged from performing the obligation if the principal prestation without his fault becomes impossible to perform, and the obligation cannot be performed in another prestation that does not contradict the principal one.
3. Joint Obligation
A joint obligation may be defined as an obligation where there is a concurrence of several creditors or several debtors, by virtue which each of the creditors has a right to demand, while each of the debtors is bound to render the compliance with his proportionate part of the prestation which constitute the object of obligation.
4. Solidary Obligation is one in which each of the debtors is liable for the whole obligation and each creditors may demand compliance of the entire obligation.
Example/Illustrations: Mark and Peter are jointly indebted to Domingo for the