Beruflich Dokumente
Kultur Dokumente
ART.
1200.
The right of choice belongs to the
debtor, unless it has been expressly granted to the
creditor.
b)
c)
Could not have been the object of the obligation - E.g. Gaya borrowed
from Tito P50, 000. It was agreed that Gaya would give Tito her horse or
her German Piano. Now, Gaya has two horses, a race horse worth P50,
000 and an ordinary horse which is worth for only P5, 000. Gaya cannot
choose the ordinary horse as it could not have been the object of the
obligation.
d)
Only one prestation is practicable (Art. 1202) E.g. Gaya will deliver to
Tito her carabao, or her horse or her refrigerator. Through no fault of
Gaya, the horse and the carabao were lost by fortuitous event. Gaya
can only delivery the refrigerator which is the only one practicable.
ART. 1202. 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 creditors acts the debtor
cannot make a choice according to the terms of the
obligation, the latter may rescind the contract with
damages.
Example:
Gaya borrowed from Tito P5, 000.00. it was agreed that
instead of P5, 000, Gaya could deliver a TV set or a
refrigerator or a piano. If through the fault of Tito, the TV set
was destroyed, Gaya can rescind the contract if she wants.
In case of rescission, the amount of P 5, 000.00 must be
returned by Gaya with interest. Tito, in turn, must pay Gaya
the value of the TV set plus damages.
When right of choice is with debtor and all prestations were lost
2)
3)
If all the things are lost through the fault of the debtor, the
choice by the creditor shall fall upon the price of any one
of them, also with indemnity for damages.
1.
Example
Gaya obliged herself to deliver to Tito a TV set, or a
refrigerator, or a piano. If the TV set was lost through
fortuitous event, Tito can choose from among the
remainder or that which remains if only one subsists.
2.
3.
4.
Example:
I will give you my piano but I may give my television set as
a substitute.
2)
3)