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ObliCon notes cannot, therefore, be changed by either party w/o

the consent of the other. The concurrence(syn:


Chapter 3. Section 3- Alternative Obligations agreement) of the creditor to the choice made by
ART. 1199 the debtor is not required
2. Proof & form of notice- the burden of proving that
Kinds of obligation acc. to object: such communication has been made is upon him who
made the choice. The law does not require any
1. Simple obligation (obli)- one prestation particular form regarding the giving of notice. It may,
2. Compound obli- 2 or more prestations, it may be: therefore, be made orally or in writing, expressly or
 Conjunctive obli- there are several impliedly
prestations & all of them are due
 Distributive obli- where 2 or more of the ART. 1202
prestations are due, it may be:
Effect when only one prestation is practicable
 Alternative obli- where several
prestations are due but the -if more than 1 is practicable, it’s ART 1200 that will apply
performance of one is sufficient
 Facultative obli- where only 1 -the obli is still alternative because the debtor has still the right
prestation is due but the debtor may of choice
substitute another -if only 1 is practicable (ex. the others have become
Meaning of alternative obli impossible), the obli is converted into a simple one

-is one wherein various prestations are due but the ART. 1203
performance of one of them is sufficient as determined by the When debtor may rescind (syn: cancel, withdraw) contract
choice which, as a general rule, belongs to the debtor
-rescission creates the obli to return the things which were the
ART. 1200 object of the contract together w/ their fruits & the price w/ its
Right of choice, as a rule, given to debtor interest

-as a general rule, the right to choose the prestation belongs to -it’s the very nature of an alternative obli that the debtor can
the debtor make his choice w/o the consent of the creditor

-by way of exception, it may be exercised by the creditor but -hence, the right given to the debtor to rescind the contract &
only when expressly granted to him/her or by a 3rd person recover damages if, through the creditor’s fault, he cannot
when the right is given to him by common agreement make a choice acc. to the terms of the obli

Right of choice of debtor not absolute -the debtor, however, is not bound to rescind

The right of choice of the debtor is subject to limitations. Thus- ART. 1204

1. The debtor cannot choose those prestations which Effect of loss of objects of obli
are: (a) impossible, (b) unlawful, (c) which could Art. 1203 & 1204 apply when the right of choice belongs to the
not have been the object of the obli debtor
2. The debtor has no more right of choice when, among
the prestations whereby is alternatively bound, only 1. Some of the objects- if some of the objects of the
one is practicable obli have been lost or have been impossible even
3. The debtor cannot choose part of one prestation & through the fault of the debtor, the latter is not liable
part of another prestation since he has the right of choice & obli can still be
performed
ART. 1201 *this is an exception to the general rule
Communication of notice that choice has been made established in art 1170 regarding liability for
damages arising from negligence*
1. Effect of notice- until the choice is made &
communicated, the obligation remains alternative 2. All of the objects- if all of them have been lost or
(a) Once the notice of the election has been given to have become impossible through his fault, the creditor
the creditor, the obli ceases (syn: stops) to be shall have the right to indemnity for damages since
alternative & becomes simple the obli can no longer be complied with. If the cause
(b) Such choice once properly made & of the loss is fortuitous event, the obli is extinguished
communicated is irrevocable (syn: final) & *the phrase “or the compliance of the obli has become impossible”
refers to obli “to do”*
the debtor depends upon whether or not the loss is due to
his fault
Basis of indemnity
-once the substitution is made, the obli is converted into a
-the indemnity shall be fixed taking as a basis the value of the simple one to deliver or perform the substituted thing or
last thing which disappeared (referring to obli to give) or that of prestation
service which last became impossible (referring to obli to do)
-the substitution becomes effective from time it has been
-in case of disagreement, it is incumbent (syn: mandatory) communicated
upon the creditor to prove such value or which thing last
disappeared or which service last became impossible Alternative & facultative obli distinguished
-other damages may also be awarded (Art. 1204, pars. 2&3) The differences are as follows:
ART. 1205- The creditor has the right to choose 1. Number of prestations- in the first, several
prestations are due but compliance w/ one is
When right of choice belongs to creditor sufficient, while in the second, only one prestation is
-in alternative obli, the right of choice, as a rule belongs to the due although the debtor is allowed to substitute it
debtor 2. Right of choice- in the first, the right of choice may
be given to the creditor or 3rd person, while in the
-nevertheless, the debtor may expressly give the right of second, the right to make the substitution is given
choice to the creditor only to the debtor
3. Loss through a fortuitous event- in the first, the
-before the creditor makes the selection, the debtor cannot
loss of one or more of the alternatives through a
incur in delay
fortuitous event does not extinguish the obli, while in
Rules in case of loss before creditor has made choice the second, the loss of thing due through his fault
makes him liable
1. When a thing is lost through a fortuitous event 4. Loss through fault of debtor
2. When a thing is lost through the debtor’s fault ‘ (a) In the first, the loss of one of the alternatives
3. When all the things are lost through debtor’s fault through the fault of the debtor does not render
4. When all the things are lost through a fortuitous him liable, while in second, the loss of the thing
event due through his fault makes him liable
Rules applicable to personal obli (b) In the first, where the choice belongs to the
creditor, the loss of one alternative through the
-the above rules are also applicable to personal obli fault of the debtor gives rise to liability, while in
second, the loss of the substitute before the
-the responsibility of the debtor for damages depends upon substitution through the fault of the debtor does
whether the cause the cause which has rendered the obli not render him liable
impossible was due to his fault or not
ART. 1206- When only 1 prestation has been agreed upon,
but the obligor may render another in substitution, the
obligation is called facultative obligation
Effect of loss
1. Before substitution- if the principal thing is lost
through a fortuitous event, the obli is extinguished;
otherwise, the debtor is liable for damages. The loss
of the thing intended as a substitute with or without
the fault of the debtor does not render him liable
-the reason is that the thing intended as a substitute is not
due. The effect of the loss is merely extinguish the
facultative character of the obli
2. After substitution- if the principal is lost, the debtor is
not liable whatever may be the cause of the loss, because
it is no longer due. If the substitute is lost, the liability of