16.08.2019-187 views -Option Obligation
SECTION 3. -- ALTERNATIVE REQUIREMENTS
An alternative requirement is one wherein several prestations are due nevertheless the performance of one of them is enough as dependant upon the choice, which usually, as a general rule, belongs to the debtor. Correct of choice, generally speaking, given to debtor.
GENERAL SECRET: The right to choose belongs to the debtor/ obligor Other than: When the proper has been specifically granted towards the creditor Proper of choice of debtor not absolute.
LIMITATION ON THE DEBTOR'S CHOICE
(1) The debtor cannot choose all those prestations which can be (a) extremely hard, (b) against the law, or (c) which could not have been the item of the obligation. (2) Merely one prestation is practicable
(3) The borrower cannot choose part of one prestation and part of another prestation. (Art 1199) Connection of observe 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 detect may be manufactured by orally or in writing, expressly or implied. Effect once only one is usually practicable
* The debtor loses his right of choice when only 1 alternative prestation is despejado of functionality. When debtor may rescind contract
* In the event the debtor could hardly make a choice as a result of creditor's act of making prestations impossible, debtor may RESCIND the deal with damage. Rescission creates the obligation to return the things that have been the object in the contact as well as their fruits, and the cost with its fascination. * If the debtor will be prevented to select only a particular prestation, and there are other readily available, he is liberated to choose from these people, after notifying the creditor of his decision The consequences of loss or perhaps impossibility with the alternative prestation BEFORE the right of choice is exercised. * Once the borrower has disseminated his range of alternative prestation to be performed to the creditor, the obligation becomes simple 2. If the picked alternative is usually lost without the fault of the debtor, the obligation will be extinguished. * If the chosen option is misplaced due to the because of the borrower, the obligation will probably be converted into economic consideration by means of damages.
* Result if much more some of the alternate prestations inside the alternative accountability are dropped BEFORE the borrower has conveyed his decision to creditor * The consequence will unquestionably depend upon if the right of choice was given to the debtor in order to the creditor. A. When the right of preference belongs to the BORROWER
* In the event the loss is caused by FORTUITOUS FUNCTION
a) If most alternative prestation are misplaced, the alternative requirement extinguished. (Article 1174) b) If several alternative prestations remain, the debtor can still exercise his right of choice and choose from any leftover alternative prestation(Article 1200) c) If only among alternatives remain, there is no more alternative requirement but just a simple obligation. * If perhaps loss is because of DEBTOR's MISTAKE
a) If each of the alternative prestation are lost, the alternative requirement is changed into monetary account as indemnity for damages. The basis to get the calculation of the add up to be paid by the borrower will be the worth of the last thing or assistance lost in addition damages. b) If two or more of alternative prestation remain, the debtor can easily still exercise his right of preference and choose from any of the remaining alternatives (ART 1200) c) If only one particular alternatives continue to be, there is no even more alternative accountability but only simple accountability. B. When the right of preference belongs to the LENDER
* In the event the loss is because of a FORTUITOUS EVENT
The result s are exactly the same as in which the right of preference belongs to borrower * In the event the loss is caused by DEBTOR'S MISTAKE
a. If all the substitute prestations are lost, the alternative obligation is usually converted into monetary consideration because indemnity pertaining to damages. The basis for the computation of...