Part 4- Alternative Obligations
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- Опубліковано 19 гру 2024
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Part 1 General Provisions - Law on Obligation and Contracts
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Part 2 Pure and Conditional Obligations
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Part 3 Obligations with a Period
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Good day Atty!
I'm Jericho G. Bariring from 1 BSA - A in Pamantasan ng Cabuyao.
Here are my takeaways in your video lecture about Alternative Obligations.
Article 1199 - It talks about a person alternatively bound by different prestations shall completely perform one of them. The creditor cannot be compelled to receive part of one and part of the other undertaking.
Article 1200 - The right of choice belongs to the debtor, unless it has been expressly granted to the creditor. The debtor shall have no right to choose those prestations which are impossible, unlawful or which could not have been the object of the obligation.
Article 1201 - The choice shall produce no effect except from the time it has been communicated.
Article 1202 - The debtor shall lose the right of choice when among the prestations whereby he is alternatively bound, only one is practicable.
Article 1203 - States that if through the creditor's acts the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages.
Article 1204 - The creditor shall have a right to indemnity for damages when, through the fault of the debtor, all the things which are alternatively the object of the obligation have been lost, or the compliance of the obligation has become impossible.
Article 1205 - It discuss that When the choice has been expressly given to the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor.
Until then the responsibility of the debtor shall be governed by the following rules:
1. If one of the things is lost through a fortuitous event, he shall perform the obligation by delivering that which the creditor should choose from among the remainder, or that which remains if only one subsists;
2. If the loss of one of the things occurs through the fault of the debtor, the creditor may claim any of those subsisting, or the price of that which, through the fault of the former, has disappeared, with a right to damages;
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. The same rules shall be applied to obligations to do or not to do in case one, some or all of the prestations should become impossible.
Article 1206 - States that when only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called facultative.
Thank you po Atty! God bless po! :))
Misa, Jodelyn C.
1BSA-A
Hello, Atty. Reyes! This video is a 12-minute video but I learned a lot. The video discussed article 1199 that talks about the kinds of distributive obligation, the alternative and facultative obligation. The former is the several prestations are due but the performance of one is sufficient and the creditor, debtor and third party has the right of choice while the latter is only one prestation is due but the debtor may substitute another and only the debtor has the right of choice.
Moreover, Article 1200 talks about the right to choose the prestation belongs the debtor with exceptions if, the prestation is impossible, unlawful and not the subject of the obligation and if only prestation is practicable. Article 1201 is the all rights may be waived. Article 1202, if only one prestation is practicable, the obligation is considered into a simple one.
Lastly, Article 1205 is before the creditor makes the selection, the debtor cannot incur delay and it is only apply to a personal obligation. If the thing is loss through a fortuitous event, if it is a alternative obligation the obligation is not extinguised but if it is facultative the obligation is extinguised.
Thank you Atty. Reyes for this video.
Good day Atty. Thank you for this very informative lecture. Here are my takeaways after watching the lecture.
Article 1199 talks about the kinds of distributive obligation which are: alternative obligation (several prestations are due but the performance of one is sufficient), and facultative obligation (only one prestation is due but the debtor may substitute another.
Article 1200
General Rule: The right to choose the prestation belongs to the debtor.
Exceptions:
1. If the prestation is impossible, unlawful and not the object of the obligation.
2. Only one prestation is practiceable.
Article 1201 states that the choice shall produce no effect except from the time it has been communicated.
General Rule: All rights may be waived.
Article 1202 states that if only one prestation is practicable, the obligation is converted into a simple one
Article 1203 states that if through the creditor’s acts the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages
Article 1204 states that in case of disagreement, the creditor must prove such value, thing last disappeared or service last became impossible.
Article 1205 states that before the creditor make the selection, the debtor cannot incur delay.
Article 1206 talks about the definition of a facultative obligation wherein only one prestation has been agreed upon but the obligor may render another substitution. Once the substitution is made, the obligation is converted into a simple one to deliver or perform the substituted thing or prestation. The substitution becomes effective from the time it has been communicated.
Dacillo, Mia France
1BSA-A
Pamantasan ng Cabuyao
Thank you, Attorney. For making a video to fully understand the
Alternative Obligations is.
In article 1199 is about Distributive obligation where two or more of the prestation is due. Under distributive obligation are alternative and facultative wherein alternative obligation is one where several presentation are due but the performance of one is sufficient as determined by the choice which as a rule, belongs to the debtor.
In Article 1200. The right of choice belongs to the debtor unless it has been expressly granted to the creditor. The debtor shall have no right to choose those prestation which are impossible, unlawful or which could not have been the object of the obligation.
Article 1201 is the communication of notice that a choice has been made:
Effect of notice - until the choice is made and communicated, the obligation will remain alternative.
Proof and form of notice- The law does not require any particular form regarding the giving of notice.
Effect of Notice, once the choice is communicated, the obligation becomes simple, and the choice is irrevocable and cannot be changed without consent. The general rule in this article is that All rights may be
waived.
In article 1202. the debtor shall lose the right if choice among the prestation whereby he is alternatively bound, only one is practicable. And if only one prestation is practicable the obligation is converted into a simple one.
In article 1203. the fault of the creditor the debtor cannot make a choice, then the debtor can choose rescission and ask for damages. Rescission is the one that creates the obligation to return the things which were the object of contract together with their fruits, and the price with its interest.
Article 1204.This article is about the right of the creditor to ask for indemnity when some of the things or all of it are lost through the fault of the debtor. If the debtor lost some of the objects, he is not liable even if it is through his fault or through a fortuitous event. If the debtor lost all the objects through his fault, he is liable but if it is through a fortuitous event, he is not liable.
Article 1205 before the creditor makes the selection, the debtor cannot incur delay.
Article 1206 is all about facultative obligation which means there is only one prestation and it can be substituted. The differences of alternative and facultative are also distinguished including the number of presentation, right of choice and losses.
THANK YOU PO, ATTY.
Rodas, Mary Joy B.
1BSA-B
Pamantasan ng Cabuyao
Thank you Atty. for this lecture video!
Here are the things I have learned:
Section 3: Alternative Obligations
Article 1199:
Kinds of Distributive Obligation
1. Alternative Obligation- several prestations are due but the performance of one is sufficient.
2. Facultative Obligation- only one prestation is due but the debtor may substitute another.
Article 1200: The right to choose the prestation belongs to the debtor
Article 1201: The choice shall produce no effect except from the time it has been communicated. All rights may be waived.
Communication of Notice that a choice has been made:
1. Effect of Notice- the obligations remains alternative until the choice is made and communicated
effects of it: Obligations becomes simple and cannot be changed without consent
2. Proof and form of notice- the law does not require any particular form
Article 1203:
Recission- creates the obligation to return the things which were the object of the contract together with their fruits, and the price with its interest.
Article 1204:
The creditor shall have a right to indemnity for damages when, through the fault of the debtor, all the things which are alternatively the object of the obligation have been lost, or the compliance of the obligation has become impossible.
Article 1205:
When the choice has been expressly given to the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor.
(loss)through fortuitous events, the creditor can choose among the remainder
(loss) through debtor's fault, the creditor may claim another item with right to damage
Article 1206:
The loss or deterioration of the thing intended as a substitute, through the negligence of the obligor, does not render him liable. but once the substitution has been made, the obligor is liable for the loss of the substitute on account of his delay, negligence or fraud.
Pacheco, Lianne Camille A.
1 BSA - A
Pamantasan ng Cabuyao
Good Day Atty. Reyes! This is what I’ve learned from this video lecture.
Article 1199. The two kinds of Distributive Obligations are: (1) Alternative Obligation wherein several prestations are due but the performance of one is sufficient; (2) Facultative Obligation wherein only one prestation is due but the debtor may substitute another.
Article 1200. The right to choose the prestation belongs to the debtor but he shall have no right to choose those prestations which are impossible, unlawful, or which could not have been the object of the obligation.
Article 1201. This article is all about the choice which shall produce no effect from the time it has been communicated.
Article 1202. The debtor shall lose the right of choice when among the prestations whereby he is alternatively bound, only one is practicable. If more than one is practicable, it is Article 1200 that will apply.
Articles 1203 to 1204 apply when the right of choice belongs to the debtor.
Article 1203. Rescission creates the obligation to return the things which were the object of the contract together with their fruits, and the price with its interest.
Article 1204. This article tackles the effects of loss of objects of obligation. If some objects of the obligations have been lost, the latter is not liable since he has the right of choice and the obligation can still be performed. If all of the objects have been lost, the creditor shall have the right to indemnity for damages since the obligation can no longer be complied with. But if the cause of the loss is due to the fortuitous event, the obligation is extinguished.
Article 1205. In alternative obligations, the right of choice, as a rule, belongs to the debtor.
Article 1206. This article is about Facultative Obligations wherein only one prestation has been agreed upon but the obligor may render another in substitution. The effect of loss before substitution: If the principal thing is lost through a fortuitous event, the obligation is extinguished; otherwise, the debtor is liable for damages. The effect of loss after substitution: if the principal thing is lost, the debtor is not liable whatever may be the cause of the loss, because it is no longer due.
Thank you and God Bless! Keep safe!
Gonzales, Karl Wilson M.
1 BSA - A
Pamantasan ng Cabuyao
Here are some of the knowledges I acquired after I watched this video:
Article 1199 talks about the different kinds of distributive obligations. Alternative obligations are obligations where several prestations are due but the performance of one is sufficient; while Facultative obligations are obligations where only one prestation is due but the debtor may substitute another. I have also learned that the right of choice always belong to the debtor, except if the prestation is impossible and only one prestation is practicable. In Article 1203, I learned that if the creditor made the prestations impossible, the debtor shall have the right to rescind the contract with damages. Through also the tables provided in the video for Article 1204, 1205 and 1206, I easily understood the different effects through loss, the rights of the creditor when an object is lost and the effects to the principal and substitute before and after the substitution.
SANCHEZ, JAYSHEL MAY P.
1BSA-B
PAMANTASAN NG CABUYAO
Thank you, Atty, for the discussion about Alternative and Facultative Obligations
This are the things that I learned.
Article 1199
-Talks about Distributive Obligations
(1) Alternative Obligations - several prestations are due but the performance of one is sufficient.
(2) Facultative Obligation - only one prestation is due but the debtor may substitute another.
Article 1200
-The right of choice belongs to the debtor, unless it has been expressly guaranteed to the creditors.
Article 1201
-is a communication of notice that a choice has been mode wherein effects of notice once the choice is made the obligation remains alternative.
Article 1202
-Only if one prestation is practicable, the obligation is converted into a simple one.
Article 1203
-the debtors cannot make his own choice through the creditor's acts.
*Rescission - creates the obligation to return the things which whre the object of the contract together with their fruits, and the price with its interest.
Article 1204
-Loss of some of the object
*if through his fault, the debtor is not liable
*if through a fortuitous event, the debtor is not liable
-loss of all object
*if through his fault, the debtor is liable
Article 1205
-Says that when the choice has been expressly given to the creditors, before the creditor makes the selection, the debtor cannot incur delay.
Raflores, Kate Alison P.
1BSA-B
Here are some of what I have learned:
There are two kinds of Distributive Obligation: Alternative (several prestation but performance of one is sufficient) and Facultative obligation (one prestation due but debtor may substitute).
Article 1206 which states that if an obligor renders another in substitution when only one prestation is agreed upon, is a Facultative Obligation.
This article also states that an obligor is not liable for loss or deterioration of a thing despite it happening due to his negligence. But if the substitution has already happened, then the obligor is liable.
A general rule is that the debtor has the right to choose the prestation.
Another general rule, this one from Article 1201, is that all rights may be waived.
When only one prestation is practicable, the debtor lose the right to choose.
If some objects were lost, the debtor is not liable even if it's his fault or in the case of a fortuitous event. If all of the objects are lost, the debtor is only liable if it is through a fault of his and never if it's due to a fortuitous event.
Thank You for the lecture, sir!
Evangelista, Shane G.
1BSA-A
Good day atty, thank you for this video lecture. From this I was able to understand more about the alternative obligations (one where several prestations are due but fullfilment of one is sufficient) which is covered by art 1199-1206, that talks about the kinds of obligation according to objects, which are the simple, compound and facultative obligation. Simple obligation is one where there is only one prestation, Compound is one where there is two or more prestations (conjuctive or distributive) and Facultative is one where only one prestation is due but the debtor may substitute another. This also discusses about the one who has the right of choice in choosing a prestation and the effect of loss of objects in obligation.
Malayo, Christine B.
1BSA-A
PNC
Good day Atty. After watching this video lecture here are my takeaways:
Article 1199 gave the two kinds of distributive obligations. (1) Alternative obligation have several prestations while (2) Facultative obligation has only one prestation. Article 1200 is about the right of choice given to the debtor. Article 1201 clearly stated that the choice shall produce no effort except from the time it has been communicated. Article 1202 also stated that the debtor shall lose the right of choice when among the prestations whereby he is alternatively bound, only one is practicable.
Article 1203 is about the right of choice given to the debtor but the thing was lost by the creditor. Also in this article define what is rescission. In Article 1204, the right of choice was given to the debtor but the thing was lost also by the debtor. Article 1205, creditor has the right of choice if it is expressly given.
Lastly, Article 1206 define Facultative obligation with only one prestation. Also in this article stated that the substitution becomes effective from the time it has been communicated.
Thank you Atty.
ALA, TRIXIE KLEIN ANNE L.
1-BSA-A
Good evening, Atty. Reyes, thank you for this lecture video. I already watched all the part of chapter 1, 2 and 3. By reading the content of the book and with the help of your lecture video I learned the different articles and their corresponding meaning such as.
SECTION 4
JOINT AND SOLIDARITY OBLIGATION
ARTICLE 1207
WHERE WHOLE OBLIGATION IS TO BE PAID OR FULFILLED proportionately by different debtors and demanded proportionally by diff creditors
Joint obligation is the general rule while solidarity is exception
Joint obligation is the presumption in the absence of express stipulation of solidarity
Joint obligation is less burdensome
Ex. A B C they all borrow money from X debtor AB C borrowed 15k each
Month after X demanded payment from debtor A B C. C paid 15k as payment of debt X. creditor ask C for the remaining 30k for the other debt of A B. Creditor X cannot ask C to pay for other debt of A B
PERFORMANCE OF DEBTOR IN JOINT OBLIGATION SHALL BE SEPAREATED AND DISTINCT FROM THAT OF THE OTHER OBLIGOR
Solidary obligation- there are two or more debtors who own the same thing to same creditor 2 or more creditors are entitled to same obligation 2 or more debtor under same liability.
OBLIGATION IS SOLIDARY IF WHOLE OBLIGATION CAN BE PERFORMED BY ETHER OD THE OBLIGORS
ARTICLE 1208
Solidarity cannot eb presumed purpose of law that debtors always have separate obligation
Indivisibility- prestation
Only the debtor who breach the obligation are guilty
Solidarity- juridical tie binds the party
All debtors are liable for breach committed by one
Indivisibility can exist only one debtor and one creditor
Solidary- there must be at least two debtor and two creditors
Indivisibility- other is not liable in case of insolventi
Solidary- other debtor is proportionately liable if one of the debtors is insolvency
Ex. X Y jointly deliver W a yatch
Object is indivisible but obligation is joint
Solidary indivisible
Either of latter may deliver
Solidarity does not necessarily imply indivisibility
Joint divisible obligation-
ARTICLE 1212
Each of solidarity creditor may do whatever may eb useful to the other but not anything that may prejudice to the latter
Any of solidarity creditor may demand any act provided that it would be useful and beneficial for other solidarity creditor
ARTICLE 1213
Solidarity creditor cannot assign his rights without the consent of the others
It cannot be assigned without the consent of another creditor according to ARTICLE 1213
ARTICLE 1214
Debtor may pay anyone of solidarity creditor, but it may be demand judicial or extrajudicial has been made by one f other payment
ARTICLE 1214 payment of any solidarity
ARTICLE 1215
Novation, compensation confusion or remission of debt
ARTICLE 1216
Creditor may proceed of anyone of solidarity debtors
Right of creditor to proceed anyone from solidarity debtor
This provision is not applicable in joint obligation but only in solidarity
ARTICLE 1217
Effect of payment by solidary debtor
1. Between solidarity debtor and creditor-payment by one extinguished the obligation if all debtors offer to pay creditor may choose who among them will pay
2. Solidary debtor- paying solidary debtor can demand reimbursement for the proportionate share of co-debtors
3. Solidarity creditor- receiving creditor is jointly liable to the others for their corresponding shares
Creditor have responsibility to deliver proportionate share among the co-creditors
JOINLT SEVERALLY- solidary
ARTICLE 1218
Payment by a solidary debtor shall not entitle
him to reimbursement from his co-debtors if such payment is made after the obligation has prescribed or become illegal.
Effects of payment after obligation has prescribed or has become illegal
Prescription- one acquires ownership ang other rise through the laps of time under the condition laid down by law
Creditor has a right to collect but it has a time limit
ARTICLE 1219
The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected
B liable in solidum(solidarity) to C amount 1k C remit share of A because they are friends B pays 1k A is not liable to B because reimbursion happened before the payment . B can demand the return of payment of A under solution indebiti
If payment has been made first than reimbursion A still liable of B.ARTICLE 1220
The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors
ARTICLE 1221
If the thing has been lost or if the prestation has
become impossible without the fault of the solidary debtors, the
obligation shall be extinguished.
If there was fault on the part of any one of them, all shall
be responsible to the creditor, for the price and the payment of
damages and interest, without prejudice to their action against
the guilty or negligent debtor.
If through a fortuitous event, the thing is lost or the performance has become impossible after one of the solidary debtors has incurred in delay through the judicial or extra-judicial demand upon him by the creditor, the provisions of the preceding paragraph shall apply.
Pertains to rules incase thing has been lost or prestation has become impossible
Rules incase thing has been lost or prestation become impossible
1. Loss without fault before delay- obligation extinguished
2. Loss due to part of solidarity debtor- all are bound to pay with damages (They can reimburse to the person who has the real fault )
3. Loss without fault after delay-
Thing is lost due to fortuitus event
ARTICLE 1222
A solidary debtor may, in actions filed by the
creditor, avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him, or pertain to his own share. With respect to those which personally belong to the others, he may avail himself thereof only as regards that part of the debt for which the latter are responsible.
Defenses available to a solidary debtor
1. Defenses derive from nature of obligation
2. Personal to pertain to the share of debtor sued
3. Defenses personal to other solidary debtors
PAMPLONA, MARY ANTOINETTE V.
1BSA-A
Good day, Atty. Reyes! Thank you for this very informative video. Here are my takeaways from this episode:
Article 1199 states that "A person alternatively bound by different prestations shall completely perform one of them.
The creditor cannot be compelled to receive part of one and part of the other undertaking.”
Kinds of Distributive Obligation:
1. Alternative obligation - several prestations are due but the performance of one is sufficient
2. Facultative obligation - only one prestation is due but the debtor may substitute another
In Article 1200, the general rule is the right to choose the prestation belongs to the debtor. Except: if the prestation is impossible, unlawful, and not the object of the obligation, and only one prestation is practicable.
Article 1201 states that "The choice shall produce no effect except from the time it has been communicated."
Communication of notice that a choice has been made:
1. Effect of notice - until the choice is made and communicated, the obligation remains alternative
2. Proof and form of notice - the law does not require any particular form regarding the giving of notice which may be orally or in writing, expressly or implied
Effects of Notice:
a. Obligation becomes simple
b. The choice is irrevocable and cannot be changed without consent
Under Article 1202, if only one prestation is practicable, the obligation is converted into a simple one.
In Article 1203, the right of choice belongs to the debtor. The debtor may rescind the contract with damages if through the creditor's acts.
Rescission - creates the obligation to return the things which were the object of the contract together with their fruits, and the price with its interest.
In Article 1204,
When some of the objects were lost:
a) If through his fault, debtor is not liable.
b) If through a fortuitous event, debtor is not liable.
When all of the objects were lost:
a) If through his fault, debtor is liable.
b) If through a fortuitous event, debtor is not liable.
In case of disagreement, the creditor must prove such value, thing last disappeared or service last became impossible.
In Article 1205, the right of choice belongs to the creditor. Before the creditor makes the selection, the debtor cannot incur delay.
Loss - Rights of Creditor:
1) Through a fortuitous event (some) - Can choose from among the remainder
2) Through debtor’s fault (some) - May claim another item with right to damage
3) Through debtor’s fault (all) - May demand payment of any item with right to damages
4) Through a fortuitous event (all) - Obligation is extinguished
The rules are also applicable to personal obligations.
The responsibility of debtor to damages depends if it was due to his fault or not.
Under Article 1206, alternative obligation was distinguished from facultative obligation.
In alternative obligation, several prestations are due but compliance with one is sufficient; does not extinguish the obligation; debtor is not liable (some); if the right of choice belongs to the creditor, debtor is liable (some).
In facultative obligation, only one prestation is due but debtor is allowed for substitute; extinguishes the obligation; if things are lost with his fault, he is liable; if the substitute is lost before substitution, then the debtor is not liable.
Before Substitution:
a) Effect (Principal)
- If through a fortuitous event, obligation is extinguished.
- If through the debtor’s fault, debtor is liable.
b) Effect (Substitute)
- If through a fortuitous event, debtor is not liable.
- If through the debtor’s fault, debtor is not liable.
After Substitution:
a) Effect (Principal)
- If through a fortuitous event, debtor is not liable.
- If through the debtor’s fault, debtor is not liable.
b) Effect (Substitute)
- If through a fortuitous event, obligation is extinguished.
- If through the debtor’s fault, debtor is liable.
Once the substitution is made, the obligation is converted into a simple one to deliver or perform the substituted thing or prestation. The substitution becomes effective from the time it has been communicated.
Gento, Janella Ann M.
1 BSA-B
Here are my takeaways from this lecture.
I have learned the Kinds of Distributive Obligation, the Alternative Obligation and Facultative Obligations. In Alternative obligation there are several prestations are due but the performance of one is sufficient and in Facultative Obligation there is only one prestation is due but the debtor may substitute another. I’ve learned that the right to make a choice belongs to the debtor unless it has been expressly granted to the creditor. Article 1201 states that choice shall produce no effect except from the time it has been communicated. Communication of notice that a choice has been made when effect of notice and proof and form of notice. All rights may be waived. Article 1202 states that If only one prestation is practicable, the obligation is converted into a simple one. Article 1203 states the rescission wherein it means creates the obligation to return the things which were the object of the contract together with their fruits, and the price with its interest. The summary of Article 1204 is when once choice is communicated, it becomes irrevocable and cannot, therefore, be renounced, if all prestations are lost due to debtor’s fault, then creditor would have the right to indemnity, the last thing or service that disappeared shall be the basis of indemnity, and if the cause of the loss is fortuitous event, the obligation is extinguished. Article 1206 is about facultative obligation wherein only one prestation is due but the debtor is allowed for substitute. Once the substitution is made, the obligation is converted into a simple one to deliver or perform the substituted thing or prestation. The substitution becomes effective from the time it has been communicated.
These are my takeaways from this video lecture. Thank you so much, Atty.
Armando, Aliyah Czarina R.
1 BSA-A
Good day Atty. thank you for making this video, it helped to understand the lessons. Here are my takeaways from the lectured video.
Section 3. Alternative Obligations
l Article 1199- The creditor cannot be compelled to receive part of one and part of the other undertaking. Kinds of obligation according to object was discussed in this article.
Alternative Obligation- several prestations are due but the performance of one is sufficient.
l Article 1200
Right of choice, as a rule, given to debtor. (As a general rule, the right to choose the prestation belongs to the debtor. Exception: it may be exercised by the creditor but only when expressly granted to him)
l Article 1201- General Rule: All rights may be waived
Communication of notice that choice has been made
ü Effect of notice- (a)obligation ceases to be alternative and becomes simple; (b)irrevocable and cannot be changed by either party
ü Proof and form of notice- be made orally, in writing, expressly or impliedly.
l Article 1202
Effect when only one prestation is practicable- if more than one is practicable, Article 1200 will apply. Obligation is still alternative because the debtor has still the right of choice. If only one is practicable, the obligation is converted into simple one(it become immediate/demandable)
l Article 1203
When the debtor may rescind- rescission creates the obligation to return the things which were the object of the contract together with their fruits, and the price with its interest.
- The debtor, however, is not bound to rescind (It is an option if the debtor will rescind with damages)
l Article 1204- Under this article, the creditor shall have a right to indemnity for damages when throigh the fault of the debtor. Effects of loss of objects of obligation and basis of indemnity was also discussed under this article.
l Article 1205
Rules in case of loss before creditor has made choice
ü When a thing is lost through a fortuitous event
ü When a thing is lost through debtor’s fault
ü When all the things are lost through debtor’s fault
ü When all the things are lost through a fortuitous event
l Article 1206
Facultative Obligation-only one prestation is due but the debtor may substitute another.
Effect of loss
ü Before substitution- if the principal thing is lost through a fortuitous event, the obligation is extinguished
ü After substitution- if the principal thing is lost, the debtor is not liable whatever may be the cause of the loss, because it is no longer due.
Lorenzo, John Derrick I.
1BSA - A
Good day, Atty. Here is the summary of what I’ve learned from the video:
Art. 1199 - states the distinction between elective commitment and facultative commitment, where elective commitment has a few prestations due but the indebted person may fulfill one of the prestations, and facultative commitment has as it were one prestation is due but the indebted person encompasses a right to substitute another.
Art. 1200 - talks around the proper of choice, as a run the show, given to the indebted person. In any case, the indebted person may lose his right on the off chance that the prestation is outlandish, illegal, and isn't the subject of the commitment as well as in case as it were one prestation is practicable. In case there’s as it were one prestation to be performed, the commitment will be a basic one (Art.1202). The choice will as it were take impact when it has been communicated by the parties.
Art 1203 - talks approximately the rights of choice of the indebted person to cancel from the contract in case the thing was misplaced due to the blame of the lender. There will be an impact of misfortune of objects of commitment. In the event that a few of the thing is misplaced due to the blame of the indebted person, he isn't at risk as well as on the off chance that it is misplaced due to a random occasion. But, in the event that all of the thing is misplaced due to the debtor’s blame, he is obligated. And in case the misplaced of all of the objects is due to a fortuitous event, he isn't obligated.
Art. 1205 - concerns that the commitment of the leaser to not bring about delay when the proper of choice has a place to him. Craftsmanship. 1206 talks approximately the impact of misfortune some time recently and after substitution. In the event that the thing is misplaced due to a happy occasion some time recently the substitution, the commitment will be quenched something else, the indebted person is obligated for harms. In the event that the thing is misplaced after the substitution, the indebted person isn't at risk since it is now not due.
Meriño, Leann Rain E.
1BSA-A
Here are things I’ve learned after watching this video lecture.
(Article 1199) Talks about kinds of distributive obligation: Alternative Obligation and Facultative Obligation. The first one has several prestations are due but the performance of one is sufficient. While on the latter, only one prestation is due but the debtor may substitute another.
(Article 1200) The right of choice belongs to the debtor unless it has been expressly granted to the creditor. As a general rule, the right to choose the prestation belongs to the debtor.
(Article 1201) Talks about the effect of notice. The effects of notice: obligations become simple and the other one, is irrevocable and cannot be changed without consent. As a general rule, all rights may be waived.
(Article 1202) If only one prestation is practicable, the obligation is converted into a simple one.
(Article 1203) If through the creditor’s acts the debtor cannot choose according to the terms of the obligation, the latter may rescind the contract with damages.
(Article 1204) The effects of loss when the debtor has the right to choose.
(Article 1205) Talks about the rights of the creditor in terms of loss of an object.
(Article 1206) Discusses the facultative obligation. Only one prestation has been agreed upon but the obligor may render another in substitution
Thank you again, Atty. for this video lecture and God bless.
Francisco, Yvonne Lee R.
1 BSA - B
Here are things I’ve learned after watching this video:
• Article 1199 talks about alternative obligation where it has several prestations (the debtor may perform one of the several prestations) while in facultative obligation there is only one prestation except the debtor may substitute another prestation from the one existing.
• Article 1200 is about the right to make the choice belongs to the debtor unless it has been expressly granted to the creditor. In case that the obligation is silent as to who will choose the prestation, the alternative obligation then the presumption is that the right of choice belongs to the debtor.
• Article 1201 pertains to the effect of notice. Once the choice is communicated the obligation becomes simple. It ceases to be alternative.
• Article 1202 - If only one prestation is practicable, the obligation is converted into a simple one.
• Article 1203 refers to rescission where it creates the obligation to return the things which were the object of the contract together with their fruits, and the price with its interest.
• Article 1204 is about the effects of loss of some of the objects and all of the objects. In case of disagreement, the creditor must prove such value, thing last disappeared, or service last became impossible.
• Article 1205 talks about the rights of the creditor in terms of loss of an object.
• Article 1206 is about facultative obligation where only one prestation has been agreed upon the obligor may render another in substitution.
Pedrigosa, Patricia Jhoana R.
1BSA-B
These are some takeaways I I have learned on this video
Article 1199 talks about the kinds of distributive obligation, the altrnative obligation and fuculative obligation.
•When we say Alternative Obligation, it refers to several prestations which are due but the obligor is to perform on of the alternates.
•Facultive Obligation refers to only one of the prestation is due but the debtor may substitute another.
Article 1200 talks about the general rule that the right to choose the prestation belongs to the debtor. Except:
1) If the prestation is impossible, unlawful and not the object of the obligation
2) If there is only one prestation is practicable
Article 1201 states that "The choice shall produce no effect except the time it has been communicated."
Under this article there is communication of notice that a choice has been made:
•Effect of notice- the obligations remains alternative until the choice is made and communicated. It says that once the choice is communicated, the obligations become simple. The choice is irrevocable and cannot be changed without any consent of other parties.
•Proof and form of notice - the giving of notice may be orally or in writing, expressly or implied because the law does not require any particular form.
General Rule: All rights may be waived.
Article 1202 tells that if only one prestation is practicable, the obligation is converted into a simple one.
Article 1203 says that if through the fault creditor, the debtor cannot make a choice then the debtor can choose recission and ask for damages.
Article 1204
• If the loss of some of the object is through his fault, the debtor is not liable even if it its loss is due to fortuitous event.
• If all the objects is through his fault, debtor is liable but again if it is due to fortuitous event, the debtor is not liable.
•In case of disagreement, the creditor must prove such value, thing last disappeared or service last became impossible.
Article 1205 talks about the rigts of the creditor.
• Loss through a fortuitous event (some of the alternative obligation) then the creditor may choose among the remainder.
• Loss through the debtor's fault, as long as there are still remainder, the creditor may claim another item with right to damage.
• If all of the alternative obligations are loss throught the debtors fault, the creditor may demand payment of any of the item with right to damages.
•If all the things are loss due to fortuitous event, then the obligation will be extinguished
This article can also applicable to personal obligation and the responsibility of the debtor is to pay damages deepnding if it is due to his fault or not.
Article 1206 tells about the facultative obligation that only one prestation has been agreed upon but the obligor may render another in substitution.
I. Before substitution, the effect on the principal:
•Loss is due to fortuitous event- obligation is extinguished.
•Debtor's fault, debtor is liable.
Effects on the loss of the substitute:
•Fortuitous event- debtor is not liable
•Debtor's fault- debtor is also not liable.
II. After the substitution, the effect on the principal:
•Fortuitous event- debtor is not liable
•Debtor's fault- debtor is not liable
Effect on the substitute:
•Fortuitous event- obligation is extinguished
•Debtor's fault- debtor is liable
Difference between alternative and facultative obligation:
• In number of prestation, alternative has several prestatiom while facultative has only one prestation.
• Rigt of choice, on alternative the right of choice belongs to the debtor, creditor or third person. On the other hand, in facultative obligation, only the debtor has the right to make a choice.
• Loss through a fortuitous event, alternative does not extinguish the obligation while facultative does.
• Loss through the debtor's fault, in alternative debtor is not liable (some) if the right of choice belongs to the creditor, creditor becomes liable. On facultative, if things are lost with his fault, he is liable if the substitute is lost before substitution, debtors is not liable.
Thank you atty. :)
Agdefa, Cristine Bernadette Y.
1BSA-B
Good day, Atty.! This are what I learned in this lecture.
First, this video lecture goes over Section 3 of different kinds of obligations which is particularly a kind of obligation according to the number of prestations. Article 1199 highlights the two kinds of distributive obligation which are the alternative and facultative obligation. Article 1200 outlined the exceptions to the general rule of the debtor's right to choose a prestation. The effects of notice, on the other hand, are discussed in the following article. Moving on, if only one prestation is possible, the obligation is converted into a simple one, according to article 1202. Under article 1203, the debtor may rescind and ask for damages if, through the creditor, he who is obliged cannot make a choice. The effect of loss when the debtor has the right of choice is described in Article 1204. Article 1205 lays out the four rules in case of loss before the creditor has made choice. Lastly, the last article in this section talks about the facultative obligation, primarily the effect of loss before and after substitution. That's all, Atty., thank you!
Uy, Joselle Angelu C.
1BSA-A
Pamantasan ng Cabuyao
My key takeaways for the articles under Alternative Obligations
• Article 1199 talks about alternative obligation where it has several prestations (the debtor may perform one of the several prestations) while in facultative obligation there is only one prestation except the debtor may substitute another prestation from the one existing.
• Article 1200 is about the right to make the choice belongs to the debtor unless it has been expressly granted to the creditor. In case that the obligation is silent as to who will choose the prestation, the alternative obligation then the presumption is that the right of choice belongs to the debtor.
• Article 1201 pertains to the effect of notice. Once the choice is communicated the obligation becomes simple. It ceases to be alternative.
• Article 1203 tells if through creditor's acts the debtor may rescind the contract but the debtor cannot make a choice.
| Article 1204 talks about the effect of loss of objects of obligations. If some of the objects have been lost through a fortuitous event or though debtor's fault, the debtor is not liable and if the debtor lost all the objects through his fault, he is liable but if the cause of loss is through the fortuitous event, the obligation is extinguished.
• Article 1205 applies only when the right of choice has been expressly granted to the creditor by the debtor because as a rule, the rights of choice belong to the debtor. If the thing is lost through a fortuitous event, the creditor can choose from the remaining things. If the thing is lost through the debtor's fault, the creditor may claim another item with the right to damage. If all things are lost through the debtor's fault, the creditor may demand payment of any item with a right to indemnity for damages. If all things are lost through fortuitous events, the obligation is extinguished.
• Article 1206 talks about the meaning of facultative obligation where one only prestation has been agreed upon but the obligor may render another in substitution. It also discusses the effect of loss before substitution, if the thing is lost through a fortuitous event, the obligation is extinguished. If the thing is lost through the fault of the debtor, he is liable, if the substitute is lost before substitution, the debtor is not liable.
Arlantico, Mary Rose C.
1 BSA-A
Good day, Atty. Here is my takeaway of what I’ve learned after watching the video.
Under Article 1199, talks about the two kinds of distributive condition. (1) Alternative obligation, that refers to several prestation which are due but performance of one is sufficient and the obligor can perform one of the alternatives. On the other hand, (2) Facultative obligation, refers to only one prestation which is due but debtor can substitute other prestation.
In Article 1200, talks about the right of choice to choose the prestation is belong to the debtor or the obligor unless if it has been expressly granted to the creditor. But there are two exceptions to the right to choose the prestation of the debtor, 1) if the prestation is impossible, unlawful and not the object of the obligation and (2) only one prestation is practicable.
In Article 1201, talks about communication of notice that a choice has been made. It pertains to the effect of notice, once if the choice of is communicated the obligation becomes simple and obligation will remain alternative. Also, it is irrevocable and cannot be changed without the consent of other party.
In Article 1202, talks about if only one prestation is practicable, the debtor loses his right of choice and the obligation is converted into a simple one.
In Article 1203, talks about rescission, a rescission creates the obligation to return the things with were the object of the contract together with their fruits, and the price with interests. The debtor can make a choice and choose rescission if the fault is through the creditor.
In Article 1204, if a thing which are alternatively the object of the obligation are lost through the debtor’s fault, the creditor will have a right or may ask a right for the indemnity of damages. It also pertains to the effect of the loss of some of the objects and all of the objects. Debtor will pay the amount as the value of the last thing which disappeared, but creditor must prove such value, thing last disappeared, or service last become impossible.
In Article 1205, talks about the right of choice has been expressly given to the creditor. As a rule, the responsibility of the debtor shall be governed. If the some of the things are lost through a fortuitous event, the creditor may choose among the remainder. If the some of the things are lost through the fault of some of the debtor, creditor may claim another item with a right to damages. On the other hand, if all of the things are lost through a fortuitous event, the obligation will become extinguished. If all of the things are lost through the fault of some of the debtor, creditor may demand for the payment of any of the item with right to damages.
In Article 1206, talks about facultative obligation where only one prestation has been agreed upon, but the obligor may render another in substitution. Once the substitution is made, the obligation will become simple. Article 1206, also talks about the difference of facultative and alternative. As to the number of prestation, in alternative there are several prestation are due but compliance with one is sufficient, while there are only one prestation is due but the debtor is allowed for substitute in facultative. As to the right of choice, in alternative the debtor, creditor, and third person has the right to make choice, on the other hand in facultative only the debtor has a right to make a choice. As loss through a fortuitous event, in alternative, the loss through a fortuitous event does not extinguish the obligation, on the other hand the facultative obligation is extinguished. And as to loss through fault of the debtor, in alternative some of the debtor is not liable but if the right of choice belongs to the creditor the debtor will become liable, while in facultative, the debtor is not liable if the substitute is lost before substitution.
Thank you for making this video and God Bless po Atty.
Taup, Ashley NIcole
Pamantasan ng Cabuyao
1BSA-A
Good morning Atty. Reyes. As I watched your video, here is the summary of the learnings I obtained about Alternative Obligations:
Article 1199
- gives the meaning of alternative and facultative obligations. In alternative obligations, several prestations are due but the performance of one is sufficient. While in Facultative Obligations, only one prestation is due but the debtor may substitute another.
Article 1200
- states that the right of choice belongs to the debtor. However, he cannot choose one that is impossible, unlawful, or which could not have been the subject of the obligation. He also cannot choose to perform only the part of the prestation. it should be performed completely.
Article 1201
- The debtor must communicate the chosen alternative. Once it is made, the obligation becomes a simple one.
Article 1202
- This article states that when only one prestation is practicable, it is converted into a simple one.
Article 1203
- the debtor is given the option to rescind but must return what you received with damages or interest.
Article 1204
- states the effects when all the things which are alternatively the object of the obligation have been lost.
Article 1205
- states when the right of choice belongs to the creditor. The debtor may expressly give the right to the creditor but before the creditor makes a selection, the creditor cannot incur in delay.
Article 1206
- speaks of the facultative obligations. If before the substitution, the obligation shall be extinguished if it is due to a fortuitous event. Its loss does not render him liable. If after the substitution, the liability depends if the event happened due to his fault.
Hoping for more videos like this sir. Thank you!
ALINTANAHIN, JERICHO B.
PnC 1BSA-A ObliCon (A.Y. 2021)
Good day, Atty Narciso Reyes Jr.!
Here are my take aways for this lecture:
I have learned that alternative obligation has several prestations but the performance of one is enough. While in facultative obligation, only one prestation is due but the debtor may substitute. Another, I have learned that the right to choose the prestation belongs to the debtor but it has exceptions. Second, I have learned from the article 1204 that the creditor has a right to indemnity for damages when the debtor's compliance for the obligation has become impossible. Also, damages other than the value of the last thing or service may also be awarded. Third, I have understood that the creditors has various rights if the thing is lost thru a fortuitous event and thru debtor's fault. In addition, I was able to determine also the differences between alternative and facultative obligation when it comes to the number of prestations, right of choice, loss through a fortuitous event and loss through the fault of the debtor.
So, this is the summarization of my takeaways from this lecture. Thank you attorney. Stay safe and may God bless you po!👋🏻❤
Quilantang, Elaine Cassandra G.
1BSA-B // Pamantasan ng Cabuyao
Good day Atty! Here are my key takeaways from our video
lecture.
According to Article 1199, there are two kinds of obligation
according to object, which are the simple obligation- refers to one where there
is only one prestation; second kind is the compound obligation where there 2 or
more prestations and it may be conjunctive obligation and distributive
obligation. Under Article 1200, are the right of choice, as a rule, given to
the debtor. This states that the right to choose the prestation belongs to the
debtor. Moreover, the right of choice of debtor is not absolute; the right of
the debtor of choice of the debtor is subjects to limitations. In the Article 1210,
the choice shall produce no effect from the time it has been communicated. The communication
of notice that choice has been made until the choice is made and communicated,
the obligation remains alternative. Under Article 1202, the debtor loses his
right of choice if only one prestation is left for him and under Article 1203,
the right given to the debtor to rescind the contract and recover damages if
through the creditor’s fault, he cannot make a choice according to the terms of
the obligation. In Article 1204, the creditor may ask for indemnity of damages
if all the alternatives are lost through the debtor’s fault. As sated in
Article 1205, the debtor are laid down in the preceding articles shall be
applicable to the creditor when the right of choice is given to him There are rules in case of loss before the
creditor has made choice: when a thing is lost through a fortuitous event, when
a thing is lost through the debtor’s fault, when all the things are lost
through the debtors fault, and when all the things are lost through a
fortuitous event. Article 1206 refers about the facultative obligation wherein
only one prestation has been agreed upon but the obligor may render another in
substitution.
Oh, Kitzley Mariz C.
1BSA-B
Pamantasan ng Cabuyao
Greetings Atty.! These are my takeaways for the following articles under Alternative Obligations.
Article 1199 - Here states that there are two kinds of distributive obligation. First, the alternative obligation where a debtor is bound to several prestations but may fulfill only one of those. Second is the facultative, where there is only one prestation but the debtor can substitute it with another.
Article 1200 - The debtor has the right to choose between the alternative obligations unless it was expressly granted o the creditor. The debtor’s right of choice has limitations. These exceptions are 1) if the prestation is impossible, unlawful and not the object of obligation, 2) when there is only one practicable prestation. Moreover, the debtor is not allowed to choose part of one prestation and part of another prestation. Therefore, his choice must be whole and definite.
Article 1201 - There must be a communication of notice between the parties, for the debtor’s chosen obligation to become final. If there’s no communication, the chosen obligation will remain as an alternative. Once finalized or a communication of notice happens, the obligation will become irrevocable and unchangeable without consent.
Article 1202 - This article pertains to one of the exemptions in Article 1200. Here states that a debtor shall not have the right to choose if there’s only one that is practicable among the prestations he is alternatively bound.
Article 1203 - If the debtor cannot make a choice according to the terms of obligation through the creditor’s fault, the previous will have the right to revoke the contract and demand damages. This revocation or rescission will oblige the creditor to return the things (object of the contract), together with its fruits and price with interest.
Article 1204 - If all of the objects (alternatives) have been lost through the fault of the debtor and not by a fortuitous event, the creditor has the right to demand indemnity for damages. In case of disagreement, the creditor must prove the value, the last thing that has been lost or the last service became impossible.
Article 1205 - This article is for circumstances where the right of choice is expressly granted to the creditor. If one of the things is lost through a fortuitous event, the creditor may choose among the remainders. If by the fault of the debtor, the creditor may demand the remaining object plus the value or payment of damages. On the other hand, if everything has been lost through the fault of the debtor, the creditor may demand for the price of any one of them, including indemnity for damages. If caused by a fortuitous event, the obligation will be extinguished.
Article 1206 - refers to facultative obligation where a debtor may render another obligation aside from the agreed one, as a substitution. The loss of intended substitution does not make the debtor liable, unless the substitution would be finalized and made. This will account the debtor to fraud, negligence or delay.
Quiom, Christine B.
1BSA-B (PNC)
To summarize, this lecture taught me the following:
Article 1199- the two kinds of distributive obligation are alternative and facultative. In alternative obligation there are several prestations due but the performance of one is sufficient while in facultative obligation there is only one prestation due but it can be substituted by the debtor.
Article 1200- it provides the general rule of the right to choose the prestation belongs to the debtor except when the prestation is impossible, unlawful, not the object of the obligation and only one prestation is practicable.
Article 1201- when choice is communicated, it becomes a simple obligation and irrevocable or cannot be changed without consent.
Article 1202-the right of choice by the debtor does not apply if only one prestation is practicable thus the obligation becomes a simple one.
Article 1203- when the debtor cannot make a choice because of the creditor acts, he may rescind the contract with damages.
Article 1204- the general rule is if the thing is loss through fortuitous event, debtor is not liable but if through the debtor’s fault, all of the objects have been lost, the creditor has the right to indemnity of damages.
Article 1205- provide the different rules when the thing is loss through the debtor’s fault or not. One of this rule is if through fortuitous event, some of the thing is loss, creditor may choose from the remainder. The rules are applicable to personal obligations.
Article 1206- talks about facultative obligation where only one prestation is due but the debtor may substitute another. The substitution becomes effective from the time it has been communicated.
Thank you Atty.!
Alindogan, Genevieve M.
1BSA-A
Thank you for this video lecture, Atty. Here are my takeaways:
SECTION 3: Alternative Obligations
Article 1199. "A person alternatively bound by different prestation shall completely perform one of them. The creditor cannot be compelled to receive part of one and part of the other undertaking."
This article talks about the Kinds of Distributive Obligation:
1. Alternative obligation- several prestation are due but the performance of one is sufficient
2. Facultative obligation- only one prestation is due but the debtor may substitute another
Article 1200. "The rights of choice belongs to the debtor, unless it has been expressly granted to the creditor." This is the general rule.
Exceptions:
1. If the prestation is impossible, unlawful and not the object of the obligation.
2. Only one prestation is practicable.
Article 1201. "The choice shall produce no effect except from the time it has been communicated."
Communication of Notice that a Choice has been Made:
1. Effect of notice- until the choice is made and communicated, the obligation remains alternative
2. Proof and form of notice- the law does not require any particular form regarding the giving of notice which may be orally or in writing, expressly or implied.
Effects of Notice:
1. Obligation becomes simple
2. Irrevocable and cannot be changed without consent
Article 1202. "The debtor shall lose the right of choice when among the prestation whereby he is alternatively bound, only one is practicable." - if only one prestation is practicable, the obligation is converted into a simple one.
Article 1203. If through the creditor's acts, the debtor cannot make a choice according to the terms of obligation, the latter may rescind the contract with damages."
Recission- creates the obligation to return things which were the object of the contract together with their fruits, and the price with its interest.
Article 1204.
Loss of some of the objects- If through his fault, debtor is not liable.
If through a fortuitous event, debtor is not liable
Loss of all the objects- If through his fault, debtor is liable.
If though a fortuitous event, debtor is not liable.
In case of disagreement, the creditor must prove such value, thing last disappeared or service last became impossible.
Article 1205. When the choice has been expressly given to the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor.
Before the creditor makes the selection, the debtor cannot incur delay.
Summary of 1205:
LOSS RIGHTS OF CREDITOR
Through a fortuitous event (some) can choose from among the remainder
Through debtor’s fault (some) may claim another item with right to damage
Through debtor’s fault (all) may demand payment of any item with right to damages
Through a fortuitous event (all) obligation is extinguished
~ Rules are also applicable to personal obligations.
~ The responsibility of debtor to damages depends if it was due to his fault or not.
Article 1206. "When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called facultative. The loss or deterioration of the thing intended as a substitute though the negligence of the obligor, does not render him liable. But once the substitution has been made, the obligor is liable for the loss of the substitute on account of his delay, negligence or fraud."
Good day Atty. I learned in this lecture Chapter 3 different kind if obligation in section 3 of aleternative obligation.
Article 1199
-A person alternatively bound by different prestatiin that completely perform one of them. if the creditor be compelled to receive part of one and part of the undertaking.
there are 2 kinds of Distributive obligation
the first one was the;
1. Alternative Obligation- that a several prestatiin are due but he performance of one is sufficient.
2. Facultative obligation- only one prestation is due but debtor may substitute another
Article 1200
-the right of the choice belongs to the debtor, uless it has been expressly granted to the debtor. the debtor shall have no right to choose thise prestation which impossible unlawful, it could not have been the object of the obligation.
GENERAL RULE: The right to choose the prestation belings to the debtor .
2 EXCEPTION : 1. if the prestation is imposible unlawful and not the object of the obligator.
2. only one prestation is practicable
Article 1201
Communication of nitice that a choice has been made:
1. effect of notice- until the choice is made and communicated, the obligation remain alternative
2. proof and form of notice - law does not require any particular Form regarding the givibg of notice which may be orally.
the effect of notice has 2 part
1. obligation become simple
2. irrevocable and cannot be changed without consent.
as the Gener Rule: All rights may be waived.
Article 1202
- the debtor shall lose the right if choice among the prestation whereby he is alternatively bound, only one is practicable. and if only one prestation is practicable the obligation id converted into a simple one.
Article 1203
Rescission will always bee remembered that if the obligation created to return the things which were but object o the contract together with their fruit and the aprice with its interest.
Article 1204
-if there is some of the object loss the effect of tht is if through creditor fault, the debtor is not liable, if thought a fortuitous event debtor is not liable.
-if All objects loss the effect if creditor fault, debtor is liable nd if though a fortuitous event, debtor is not liable.
-in case of disagreement the creditor must prove such value things last disappeared or service last became impossible
Article 1205
-When the choice has been expressly given to the creditor the obligation shall cease to alternative form the dat when the selection has been communicated to the debtor.
"Before the creditor makes the selection the debtor cannot incur delay"
things to remember.
- If the loss througha fortuitous event (SOME) the right of Creditor can choose from among the remainder.
-if the loss through a debtor's fault(SOME) the right of Creditor may claim another item with right to damage.
_if the loss through debtors fault(ALL) the right of Creditor may deemed payment of any item with right to damage. and lasy if the loss was through a fortuitous event(ALL) Obligation is extinguished.
Article 1206
_when only one prestation has ben agreed upon but the obligot may render another in substitution the Obligation is called Facultative.
_FACULTATIVE OBLIGATION is only one prestation has been agreed upon but the obligor may render another in substitution.
-When loss is before substitution the effect(principal) through fortuitous event Obligation is extinguished, if through the debtors fault the debtor is liable. the effect of substitution is in a fortuitous event the debtor is not liable, if thorough the debtors fault debtor is not liable.
- when loss id after substitution ge effect is through a fortuitous event the debtor is not liable and if through the debtors fault debtor is not liable. the effect of substitution is in through fortuitous event the obligation is extinguished aif the through the debtors fault the debtir was liable.
once the substitution is made the Obligation is converted into a simple. ine to deliever or perform the substitute things or prestation. the substitution becomes effective .
- difference in number of prestation the alternative is several prestatiin and due but compliance with one is sufficient facultative when only one prestation is due but debti is allowed for substitute.
-difference to right of choice the alternative the debtor, creditor third part the Facultative is Debtor only.
- difference of loss through a fortuitous event the alternative is it does not extinguis the Obligation the Facultative is extinguishes the obligation
-difference of loss through fault of the Debtor the alternative debtor is not liable (some) if the right if choice belongs to the creditor, debtor is liable (sone). in the Facultative if things are lost with his fault he is liable of the substitute is lost before substitution debtor is not liable.
thank you sir. May the Lord Bless you more✨
TIMBAS RIO VANESSA M.
3C2- LSPU SPCC
Aromin, Maria Concepcion B.
1BSA-A
Article 1199, two kinds of Distributive Obligation were
discussed. Firstly, an Alternative Obligation which several prestitions are due
but only one of them is sufficient or only one is required to be fulfilled. On
the other hand, a Facultative Obligation is one with only one prestition due
but the debtor could substitute some more.
Article 1200, it is said that generally, the right of choice
belongs to the debtor. Article 1201 discusses that if a notice has been made, the
obligation becomes simple.
Article 1202 - When only one prestition is
practicable, the debtor shall lose his right of choice.
Article 1203 - The debtor may rescind the contract if he cannot make a choice through the
creditor's acts.
Article 1204 - This article refers to the effect of loss of objects of obligation.
Fernandez, Patricia Jainah M.
1BSA-A
Good Day, Atty. I would like to thank you for uploading videos that helps us learn and get to know more the Law on Obligations and contracts that would help us for building the knowledge in the time the students you teach would face the world and become successful CPAs.
Article 1199:
The creditor cannot be compelled to receive the part of one and part of undertaking. There are kinds of distributive obligations-alternative and facultative. Alternative which is the performance of the prestation must be chosen and one is sufficient while the facultative is only one prestation but the debtor may substitute another.
Article 1200:
The right of the choice belongs to the debtor unless it has been granted to the creditor or by a third person when the right is given to him by common agreement. The debtor cannot choose prestations that are impossible, unlawful and could not have been the object of the obligation. Only one is practicable. The debtor cannot choose part of one prestation and part of another prestation and it must be complete performance.
Article 1201:
The choice shall produce no effect except from the time and until the choice is made and communicated, the obligation remains alternative. Such choice once properly made and communicated is irrevocable and cannot be renounced, it shall likewise produce legal effects upon being communicated to the debtor. The law does not require any particular form regarding the giving of notice and can be made orally or in writing. All rules may be waived.
Article 1202:
If more than one prestation is practicable, Article 1200 will apply. But if the prestation is only one, the obligation is converted into a simple one.
Article 1203:
Rescission creates the obligation to return the thins which were the object of the contract together with their fruits and the price of its interest. The debtor, however is not bound to rescind.
Article 1204:
The creditor shall have a right to indemnity for damages when the fault of the debtor have been lost or the compliance of the obligation has become impossible. There are 2 effect of loss -Some of the objects (debtor is not liable) in which if through his fault, debtor is not liable and through fortuitous event, the debtor is not liable. There is also All of the objects in which the creditor shall have a right to indemnity for damages-if through his fault, debtor is liable, and if it is through fortuitous event, debtor is not liable.
Article 1205:
The responsibility of the debtor shall be governed by:
1. If one of the things is lost through a fortuitous event, he shall perform the obligation by delivering that which the creditor should choose from among the remainder, or that which re- mains if only one subsists;
2. If the loss of one of the things occurs through the fault of the debtor, the creditor may claim any of those subsisting, or the price of that which, through the fault of the former, has disappeared, with a right to damages;
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
The creditor has the right of choice but in alternative obligations, the right of choice belongs to the debtor
Article 1206:
The loss or degradation of the item intended as a replacement caused by the obligor's negligence does not make him responsible. However, after the substitution is made, the obligor is responsible for the substitute's loss due to his delay, incompetence, or fraud. Only one prestation has been decided upon in a facultative obligation, but the obligor may make another in substitution. If the principal thing is lost through a fortuitous event, the obligation is extinguished; otherwise, the debtor is liable for damages. Once the substitution is made, the obligation is converted into a simple one to deliver or perform the substituted thing or prestation. The substitution becomes effective from the time it has been communicated.
Navarro, Krisha Mae M.
1BSA-B
Good day, Atty. Narciso. Here are some key points that I learned upon seeing this video.
-The difference between the alternative obligation and facultative obligation. Alternative obligation has several prestations are due but the performance of one is sufficient while the facultative obligation has only one prestation due but the debtor may substitute another.
-GENERAL RULE in 1200 : The right to choose belongs to the debtor. If the prestation is impossible, unlawful and not the object of the obligation and only one prestation is practicable are the exceptions of the rule
-When the choice among the prestations have been communicated and the choice have been made by the creditor, the alternative obligation would be simple obligation.
-If the debtor cannot make a choice because of the creditor the latter may rescind the contract with damages.
-When the right choose belongs to the creditor, in case one of the prestation is loss he can still choose from the remaining prestations but he can demand the value plus damages if the prestation he choose is already lost through the debtor’s fault. If all the items were lost due to fortuitous event, the obligation is extinguished.
Panganiban, Aubrey L.
1BSA-A
Good day, Atty. Here is the summary of what I’ve learned from the video:
Art. 1199 states the difference between alternative obligation and facultative obligation, where alternative obligation has several prestations due but the debtor may fulfill one of the prestations, and facultative obligation has only one prestation is due but the debtor has a right to substitute another.
Art. 1200 talks about the right of choice, as a rule, given to the debtor. However, the debtor may lose his right if the prestation is impossible, unlawful, and is not the subject of the obligation as well as if only one prestation is practicable. If there’s only one prestation to be performed, the obligation will be a simple one (Art.1202). The choice will only take effect when it has been communicated by the parties. (Art. 1201)
Art 1203 talks about the rights of choice of the debtor to rescind from the contract if the thing was lost due to the fault of the creditor. There will be an effect of loss of objects of obligation. If some of the thing is lost due to the fault of the debtor, he is not liable as well as if it is lost due to a fortuitous event. But, if all of the thing is lost due to the debtor’s fault, he is liable. And if the lost of all of the objects is due to a fortuitous event, he is not liable.
Art. 1205 concerns that the obligation of the creditor to not incur delay when the right of choice belongs to him. Art. 1206 talks about the effect of loss before and after substitution. If the thing is lost due to a fortuitous event before the substitution, the obligation will be extinguished otherwise, the debtor is liable for damages. If the thing is lost after the substitution, the debtor is not liable because it is no longer due.
Thank you for this lesson, Sir.
Aliah Greicel E. Lacanilao
1BSA-A
Pamantasan ng Cabuyao
Summary of my learnings:
Article 1199 - Kinds of distributive obligation:
1. Alternative - several prestations are due but performance of one is sufficient
2. Facultative - only one prestation is due but the debtor may substitute another
Article 1200 - The debtor has the right to choose prestation except if it is impossible and unlawful.
Article 1201 - All rights may be waived.
Article 1202 - The debtor will lose his right of choice if only one prestation is practicable.
Article 1203 - Rescission - creates the obligation to return things which were the object of the contract together with their fruits, and the price with interest.
Article 1204 - The creditor has the right to indemnify for damages if the debtor lost all the things which are alternatively the object of obligation.
Article 1205 - The obligation will not be alternative anymore from the day the choice is expressly given by the creditor to the debtor. The debtor cannot incur delay before the creditor makes the selection.
Article 1206 - Facultative obligation - only one prestation is agreed upon but the obligor may render another as substitute.
Rianne Vernice C. Rivera
1BSA-B (PNC)
Here are things I’ve learned after watching this video:
Article 1199- This article talks about the two kinds of distributive obligation; the alternative and facultative. In alternative obligations, there are several prestations due but the performance of one is sufficient while in facultative obligation there is only one prestation due but it can be substituted by the debtor.
Article 1200- It talks about the general rule of the right to choose the prestation that belongs to the debtor except when the prestation is impossible, unlawful, not the object of the obligation and only one prestation is practicable.
Article 1201- This talks about the choice which shall produce no effect from the time it has been communicated. When a choice is communicated, it becomes a simple obligation and irrevocable or cannot be changed without consent.
Article 1202- The debtor shall lose the right of choice among the prestation whereby he is alternatively bound, only one is practicable. and if only one prestation is practicable the obligation is converted into a simple one.
Article 1203- When the debtor cannot make a choice because of the creditor's acts, he may rescind the contract with damages.
Article 1204- This article talks about the effects of loss of objects of obligation. The general rule is if the thing is loss through a fortuitous event, the debtor is not liable but if through the debtor’s fault, all of the objects have been lost, the creditor has the right to indemnity of damages.
Article 1205- In alternative obligations, the right of choice, as a rule, belongs to the debtor. It provides the different rules when the thing is loss through the debtor’s fault or not. One of its rules is through the fortuitous event, some of the things are loss, and creditors may choose from the remainder.
Article 1206- This article talks about the facultative obligation. The loss or deterioration of the substitute thing doesn’t make the debtor liable because it was just a substitute. But if after the substitution and the substitute thing was lost or deteriorated, the debtor became liable.
Thank you, Atty. For this video lecture!
Melendrez, Ella Grace G.
1BSA-A
Below are the summary of my learnings:
• Article 1199 refers to alternative obligations which means various prestations are due and performance of one of them is sufficient.
• Article 1200 states that the debtor has the right to choose the prestation. However, prestations that are impossible,unlawful and could not have been the object are prohibited.
• Article 1201 says that once the notice was given to the creditor the obligation becomes alternative and simple.
• Article 1202. If only one prestation is practicable, the obligation becomes simple.
• Article 1203. If through the creditor's acts, the debtor cannot make a choice according to the terms of obligation and the latter may rescind the contract with damages.
• Article 1204 talks about the effects of loss of objects in an obligation. If some or all of the objects have been lost through debtor's fault or a fortuitous event, the latter is not liable.
• Article 1205 refers to the creditor's right of choice.
- When A THING is lost through a fortuitous event, creditor can choose from among the remainder.
- When A THING is lost through debtor's fault, creditor can claim any of the remaining items and a right to the price of the damages.
- When ALL THE THINGS are lost through debtor's fault, creditor can demand the payment of the price of any one of them with the right to indemnity for damages
- When ALL THE THINGS are lost through a fortuitous event, the obligation is extinguished.
• Article 1206 is all about facultative obligation which means there is only one prestation and it can be substituted. The differences of alternative and facultative are also distinguished including the number of prestations, right of choice and losses.
Thank you, Atty. for the video lecture!
Mahilum, Alexis Joy B.
1BSA-A
Pamantasan ng Cabuyao
Good day, Attorney! Here are my key takeaways from the video lecture.
Article 1199 discusses about the kinds of distributive obligation. Alternative obligation has several prestations due but the debtor may only perform one prestations, while, facultative obligation only has one prestations but the debtor may substitute another prestation.
According to Article 1200, the debtor has the right of choice but has no right if the prestations to choose from are impossible, unlawful, or which could not have been the object of the obligation.
Article 1201 states the Communication of Notice that a Choice has been Made. The obligation remains alternative until the choice is made and communicated. If made and communicated, the obligation becomes simple and cannot be changed without consent. As a general rule, all rights may be waived.
According to Article 1202, in alternative obligation, the debtor loses his right of choice if only one of the prestations is practicable, thus, the obligation becomes simple.
Under Article 1203, the debtor may demand recission with damages if he cannot make a choice according to the terms of the obligation because of the creditor’s acts.
Article 1204 discusses about the effect of the loss of the object in the obligation. If the loss of some of the object is through the debtor’s fault or through fortuitous event, the debtor is not liable. On the other hand, if the loss of all the object is through the debtor’s fault, he becomes liable, but is not liable to the loss through a fortuitous event.
According to Article 1205, when the creditor acquires the right of choice which is expressly given, the obligation is alternative from the time the selection has been communicated to the debtor. The debtor cannot incur delay before the creditor makes the selection. This article is applicable to real and personal obligations.
Article 1206 discusses about facultative obligation where only one prestation has been agreed upon but the debtor is allowed for substitute. The debtor is not liable if the loss of the thing intended as a substitute is through the negligence of the debtor, however, once the substitution is made, he becomes liable.
Camas, Ma. Joyce Susanfei M.
1 BSA-B
Pamantasan ng Cabuyao
Summary of my understandings from this video:
Article 1199
Alternative obligation and facultative obligation
Alternative obligation- refers to several prestations which are due, but the obligor is to perform one of the choices or the alternates
Facultative obligation
One of the prestation- only one is due but the debtor may substitute another
Article 1200
The right to make the choice belongs to the debtor unless it has been expressly granted to the creditor in case that the obligation is silent as to who will choose the prestation, the alternative obligation then the presumption is that the right of choice belongs to the debtor the debtor shall have no right to choose those prestations
Which are impossible unlawful or which could not have been the object of the obligation
There are two exceptions
1. If the prestation is impossible, unlawful or could not have been the object
Of the obligation
2. There is only one prestation practicable
Article 1201
Communication of notice that a choice has been made
1. The effect of notice- until the choice is made and communicated obligation remains
As alternative
2. Proof and form of notice- the law does not require any particular form regarding the giving of notice which may be done orally or in writing, expressly or implied what is the effect of notice
Once the choice is communicated the obligation becomes simple it ceases to be alternative
At the end, the choice is irrevocable and cannot be changed without the consent of the other party
Article 1202
The debtor shall lose the right if choice among the prestation whereby he is alternatively bound, only one is practicable. And if only one prestation is practicable the obligation id converted into a simple one.
Article 1203
if through the vote of the creditor the debtor cannot make a choice then the debtor can choose precision and ask for damages
Art. 1204
Effect of loss of objects of obligation
Some of the objects
Through debtor’s fault - not liable
Through fortuitous event - debtor is not liable
All of the objects
Through debtor’s fault, debtor is liable
Through fortuitous event - debtor is not liable
Art. 1205
Loss through
Through a fortuitous event (some)- Can choose from among remainder
Through debtor’s fault (some)- May claim another item with right to damage
Through debtor’s fault (all)- May demand payment of any item with right to damages
Through a fortuitous event (all) - Obligation is extinguished
Art. 1206
Effect of loss
1. Before substitution
a. Effect (principal)
i. Through a fortuitous event - Obligation is extinguished
ii. Through debtor’s fault- Debtor is liable
b. Effect substitute
i. Through fortuitous event -Debtor is not liable
ii. Through debtor’s fault- Debtor is not liable
2. After substitution
a. Effect (principal)
i. Through a fortuitous event - Debtor is not liable
ii. Through debtor’s fault- Debtor is not liable
b. Effect substitute
i. Through a fortuitous event - Obligation is extinguished
ii. Through debtor’s fault- Debtor is liable
Vincent N. Abella
1BSA-B
In this video, some of the things that I've learned are
in Article 1199. A person alternatively bound by different prestation's shall completely perform one of them.
The creditor cannot be compelled to receive part of one and part of the other undertaking.
Simple obligation. - one where there is only one prestation
Compound obligation. - one where there are two or more prestations. It may be;
Conjunctive obligation. - one where there are several
prestations and all of them are due; or
Distributive obligation. - one where one of two or more
of the prestations is due
Alternative obligation is one wherein various prestations are due
but the performance of one of them is suffi ciently determined by the choice which, as a general rule, belongs to the debtor
in Article 1200. The right of choice belongs to the debtor, unless
it has been expressly granted to the creditor. The debtor shall have no right to choose those prestations which are impossible, unlawful or which could not have been the object of the obligation.
in Article 1201. The choice shall produce no effect except from
the time it has been communicated.
in Article 1202. The debtor shall lose the right of choice when
among the prestations whereby he is alternatively bound, only one is practicable.
Effect when only one prestation
is practicable. If more than one is practicable, it is Article 1200 that will apply.
The obligation is still alternative because the debtor still retains the
right of choice.
in Article. 1203. If through the creditor’s acts the debtor cannot
make a choice according to the terms of the obligation, the latter may rescind the contract with damages.
Rescission creates the obligation to return the things which were
the object of the contract together with their fruits, and the price with its interest.
In Article 1204. The creditor shall have a right to indemnity for
damages when, through the fault of the debtor, all the things which are alternatively the object of the obligation have been lost, or the compliance of the obligation has become impossible. The indemnity shall be fixed taking as a basis the value of
the last thing which disappeared, or that of the service which
last became impossible. Damages other than the value of the last thing or service may also be awarded.
In Article 1205. When the choice has been expressly given to
the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor.
Until then the responsibility of the debtor shall be governed by the following rules:
(1) If one of the things is lost through a fortuitous event, he
shall perform the obligation by delivering that which the creditor should choose from among the remainder, or that which remains if only one subsists;
(2) If the loss of one of the things occurs through the fault
of the debtor, the creditor may claim any of those subsisting, or the price of that which, through the fault of the former, has disappeared, with a right to damages;
(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.
The same rules shall be applied to obligations to do or not
to do in case one, some or all of the prestations should become
impossible.
Etc.
Laya, Voltaire Lau G.
1BSA-A
Good day Attorney Reyes, here are my takeaways in this lecture video.
In this lecture video I learned about alternative obligations. An alternative obligation is where several prestations are due to performance but the performance of one is sufficient Also, as a general rule the right of choice belongs to the debtor, unless it has been expressly granted to the creditor. There is an exception however when the prestation is impossible, unlawful and not the object of the obligation or if only one prestation is practicable.
Article 1201 states that the choice shall produce no effect except from the time it has been communicated. Effect of notice means that until the choice is made and communicated, the obligation remains alternative. Proof and form of notice means that the law does not require any particular form regarding the giving of notice which may be orally or in writing, expressly or implied. Effects of notice are the obligation becomes simple and it is irrevocable and cannot be changed without consent. Also, as a general rule all rights may be waived
Article 1203 states that if through the creditor’s acts, the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages. Rescission creates the obligation to return the things together with their fruits, and the price with its interest.
Next is article 1204 in which it talks about the effects of loss of objects of an obligation. If some objects were lost due to fortuitous events then the debtor will not be liable, if the debtor is liable for the loss of some objects he is still not liable since he has a right of choice and he can still perform the obligation. If all of the objects is lost due to a fortuitous event then the debtor is not liable since the obligation will be extinguished but, if all the objects were lost due to the debtor’s fault then he is liable
Article 1205 is about when a debtor gives the right of choice to the creditor then the rules in case of loss before a creditor has made a choice is as follows. When some things were lost due to a fortuitous event, the creditor may choose from among the remainder but, if some things were lost through the debtor’s fault then the creditor may claim another items with right to damages. In case all things were lost due to a fortuitous event then the obligation is extinguished but, if all things were lost through the debtor’s fault then the creditor may demand payment of any item with right to damages. Such rules are also applicable to personal obligations.
A Facultative obligation is where one prestation has been agreed upon but the obligor may render another in substitution. Also, there are effects when the principal thing is lost before and after substitution. When the thing is lost through a fortuitous event before substitution, the obligation is extinguished but, if the thing is lost through the debtor’s fault then the debtor is liable. If the thing is lost through a fortuitous event or even through the debtor’s after substitution, the debtor is not liable. Also, there are effects when the substitute is lost before and after substitution. When it is lost through a fortuitous event before substitution then the debtor is not liable, if it is lost through the debtor’s fault then the debtor is not liable. If the thing is lost through a fortuitous event after substitution then the obligation is extinguished but, if it is lost through the debtor’s fault then he is liable.
Lastly, I learned key differences between Alternative and facultative obligations.
Capillo, Aiberlyn C.
IBSA-A (PNC)
Good day atty! Summary of my learnings from this video are as follows:
Article 1199- Refers to Alternative obligations which means that there are several prestation due but performance of one of those are sufficient. Alternative obligations is one of the example of distributive obligation under compound obligation.
Article 1200- Discussed that the right to choose among prestation was given to the debtor but can be exercise by the creditor only if it is expressly granted to him. Debtor's right to choose has limitations: When prestations are impossible, unlawful or not an object of the obligation, when only one prestation is practicable and also, the debtor cannot choose part of one prestation and part of another prestation.
Article 1201- Discussed that the choice made by the debtor must be communicated to the creditor for it to be effective.
Article 1202- Discussed one of the circumstances when the debtor lose his right to choose; when only one of the prestations is practicable.
Article 1203- Refers to the right of the debtor to rescind the contract if he cannot make choices because of the creditor.
Article 1204- Discussed that the creditor has the right to indemnify for damages if because of the debtor's fault, all things which are alternatively the object of the obligation have been lost or when the compliance of the obligation become impossible.
Article 1205- Discussed that the right to choose can be acquired by the creditor if it was given to him by the debtor, also preceding articles are applied to creditor if the right to choose is given to him.
Article 1206- Discussed that facultative obligation is where only one prestation has been agreed upon but the obligor may render another in substitution.
Thank you Atty!
Claris M Paligar
1BSA-A
My take away in this topic
An obligation is alternative when two things are similarly due, under another option. The obligor will undoubtedly deliver just one of at least two things of execution. Where an individual draws in to do, or to give a few things the instalment of one will clear him of all.
Article 1199
An individual alternatively bound by various prostrations will totally perform one of them. The creditor can't be constrained to get part of one and part of the other endeavour. (1131) There are several prestations due to the creditor, but the performance by the debtor of any one of the prestations is sufficient compliance with the obligation.
Article 1200
The right of choice belongs to the debtor, unless it has been expressly granted to the creditor alternative obligations between parties, when one party perform the prestation with intention to discharge the obligation, then he is released and the choice is entrusted by the party to a third person. By default, the debtor has the right of choice in selecting which obligation to perform unless otherwise stipulated. The debtor cannot select prestations that are: (a) impossible; (b) unlawful; or (c) which could not have been the object of the obligation.
Article 1201
“The choice shall produce no effect except from the time it has been communicated. “Choice of prestation may be communicated in writing, verbally, impliedly or by any other unequivocal means.
Article 1202
When the debtor loses the right of choice the obligation becomes simple. this article applies only when the debtor has the right to choose.
Article 1203
If through the creditor’s act the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages.
Article 1204
The lender will reserve a privilege to reimbursement for harms when, through the issue of the debt holder, every one of the things which are then again the object of the commitment have been lost, or the consistence of the commitment has gotten unthinkable.
Article 1205
At the point when the decision has been explicitly given to the bank, the commitment will stop to be elective from the day when the determination has been conveyed to the account holder.
Article 1206
At the point when only one prestation has been settled upon, however the obligor may deliver another in replacement, the commitment is called facultative. The misfortune or disintegration of the thing proposed as a substitute, through the carelessness of the obligor, doesn’t deliver him at risk. Be that as it may, when the replacement has been made, the obligor is obligated for the deficiency of the substitute because of his deferral, carelessness or extortion.
Nofies, Gretchen M.
1BSA-A (PNC)
Good day atty! Summary of my learnings from this video are as follows:
Article 1199 -A person alternatively bound by different prestation that completely perform one of them. if the creditor be compelled to receive part of one and part of the undertaking.
Article 1200-The right of the choice belongs to the debtor, unless it has been expressly granted to the debtor. the debtor shall have no right to choose this prestation which impossible unlawful, it could not have been the object of the obligation.
Article 1201- Discussed that the choice made by the debtor must be communicated to the creditor for it to be effective. -
Article 1202- The debtor shall lose the right if choice among the prestation whereby he is alternatively bound, only one is practicable. and if only one prestation is practicable the obligation id converted into a simple one.
Article 1203- Rescission will always bee remembered that if the obligation created to return the things which were but object o the contract together with their fruit and the a price with its interest.
Article 1204-If there is some of the object loss the effect of that is if through creditor fault, the debtor is not liable, if thought a fortuitous event debtor is not liable.
Article 1205-When the choice has been expressly given to the creditor the obligation shall cease to alternative form the dat when the selection has been communicated to the debtor.
Manalo, Kristine Jeanette T.
1BSA-B PNC
Thank you for this video lecture Atty. Here are my take aways from this video.
Article 1999
A person alternatively bound by different prestations shall completely perform one of them.
The creditor cannot be compelled to receive part of one and part of the other undertaking.
Kinds of Distributive Obligation:
1. Alternative Obligation
2. Facultative Obligation
Article 1200
“The right of choice belongs to the debtor, unless it has been expressly granted to the creditor.
The debtor shall have no right to choose those prestations which are impossible, unlawful or which could not have been the object of the obligation.”
Article 1201
“The choice shall produce no effect except from the time it has been communicated.”
Communication of Notice that a Choice has been Made:
1. Effect of Choice
2. Proof and form of notice
Effects of Notice:
1. Obligation becomes simple
2. Irrevocable and cannot be changed without consent
General Rule: All rights may be waived.
Article 1202
If only one prestation is practicable, the obligation is converted into a simple one.
Article 1203
Rescission- creates the obligation to return the things which were the object of the contract together with their fruits, and the price with its interest.
Article 1204
In case of disagreement, the creditor must prove such value, thing last disappeared or service last became possible.
Article 1205
The responsibility of the debtor to damages depends if it was due to his fault or not.
Article 1206
Facultative obligation - only one prestation has been agreed upon but the obligor may render another in substitution.
Bumatay, Ma. Leah B.
1 BSA-A (PNC)
Good day Atty. Reyes. Here are my key takeaways for the part 4 discussion of Obligations and Contracts (SECTION 3: ALTERNATIVE AND FULCATATIVE OBLIGATIONS)
Article 1199. A person alternatively bound by different prestations shall completely perform one of them. The creditor cannot be compelled to receive part of one and part of the other undertaking. (1131) Kinds of Obligation according to object: (1). Simple Obligation - there is only one object and, (2). Compound Obligation - two or more prestations
Kinds of Distributive Obligation: (1) Alternative Obligation - debtor is alternatively bound with various prestations that are due but the performance of one of them is sufficient to extinguish the obligation.
a. Conjuctive Obligation - w/ several prestations and all of them are due.
b. Distributive Obligation - two or more of the prestations is due.
(2) Facultative Obligation - debtor is bound to perform one prestation is due to deliver one thing with a reserved right to choose another prestation or thing as a substitute for the principal.
Article 1200. The right of choice belongs to the debtor unless it has been expressly granted to the creditor. The debtor has no right to choose whether or not to do services that are impossible, unlawful, or should not have been the object of the obligation.
Article 1201. In this article, it says that the choice shall produce no effect except from the time it has been communicated. The notice of selection or choice of prestation may be given through writing, orally, impliedly or by any other unequivocal means.
Article 1202. It talks about the debtor loses his right to choose because any of the obligations, except one, have been impossible or unlawful. This is due to the obligation's loss of its alternate nature. It becomes a simple obligation.
Article 1203. It explains here that if the debtor was unable to decide in compliance with the terms of the obligation owing to the creditor's negligence, he may rescind the contract with damages.
Article 1204. All the things which are alternatively the object of the obligation have been lost, or the compliance of the obligation has become impossible, the creditor shall have a right to indemnity for damages when it is the fault of the debtor. The law is clear whether the impossibility is caused by the debtor's negligence. Damages are covered by the creditor's right of indemnity. Since the debtor, who has the right of choosing, can also execute all of the remaining alternate prestations, the creditor cannot demand indemnity for damages if either one or some of the prestations have been lost or become unlikely.
Article 1205. This article discusses a situation in which the creditor has the right of choosing. The right of choice in alternative obligations usually belongs to the debtor; however, a debtor may specifically grant the right of choice to the creditor. In such a case, the debtor provisions are set out in the preceding article. The debtor cannot incur any delay until the creditor makes the choice. The creditor can choose in case wherein; 1) when the thing is lost through a fortuitous event; 2) when a thing is lost through debtors’ fault; 3) when all the things are lost though debtor’s fault. This article is also applicable to a personal obligation.
Article 1206. In this part, it talks about facultative obligation. Though only one prestation has been settled upon, the obligor can substitute another. When a substitution is made, the duty to deliver or do the substituted object or prestation is converted into a simple one. From the moment it is communicated, the substitution takes place.
Alternative and Facultative obligation differ in terms of the number of prestations, right of choice, loss through a fortuitous event, and loss through fault of the debtor.
Thank you for this video lesson, Atty. It makes the concepts and laws of Alternative and Facultative Obligations much clearer to me.
Castillo, Rikka Marie B.
1BSA-A
PNC
Chapter 3 Different Kinds of Obligation
Section 3- Alternative Obligation
Article 1199 - this state if a person is bound to do an obligation
Kinds of distributive obligation
1. Alternative Obligation - the obligation has many prestation due and the obligor must perform one of it.
2. Facultative Obligation - there is only one prestation is due but it can be substituted.
Article 1200 - This article states that the debtor has the right to choose a prestation. Exceptions to this article is that if the prestation chosen by the debtor is impossible or unlawful and if the prestation is only one.
Article 1201 - The obligation will remain as an alternative obligation until the choice has been communicated and made.
Article 1202 - When the alternative obligation only has one prestation that is practicable, the debtor will lose his right to choose the prestation because the obligation will be converted into a simple one.
Article 1203 - When the creditor is at fault that will lead the debtor no right to choose, the debtor has a right to rescind the contract and ask for damages.
Article 1204 - This article is about the right of the creditor to ask for indemnity when some of the things or all of it are lost through the fault of the debtor. If the debtor lost some of the objects, he is not liable even if it is through his fault or through a fortuitous event. If the debtor lost all of the objects through his fault, he is liable but if it is through a fortuitous event, he is not liable.
Article 1205 - This article talks about the right of choice has been given to the creditor by the debtor. The debtor has a responsibility on the thing until the creditor makes his decision. In case of loss before the creditor has made a choice, here are the rules to be followed. If some of the things has been lost due to a fortuitous event, the creditor can choose among the remainder. If all of it is lost due to a fortuitous event, the obligation is extinguished. If the some of the things is lost through the debtor’s fault, the creditor may choose another item. Lastly is that if all of the things are lost due to the debtor’s fault, the creditor has a right to demand payment for the lost items.
Article 1206 - This article is about facultative obligation.
Thank you for the video Atty!
Marjes, Kimberly Yrah R.
1BSA-B
The video lecture help me clearly understand the difference between the alternative and facultative as kind of distributive obligation. Wherein alternative refers to the performance of one from several prestation is sufficient while facultative has only one prestation due but the debtor may substitute another. Discussing article 1200 taught me that the debtor's right of choice is limited since he is prohibited to chose those prestation which are impossible, unlawful or which could not have been the object of the obligation. Additionally, in Article 1201, unless the choice among the prestation is made and is communicated, the obligation remains alternative. After the choice have been made, obligation immediately become simple and is irrevocable and unchangeable without the consent of the other party. While in 1202, if only one prestation is practicable, the debtor loses his right of choice and obligation is converted into a simple one. However in 1203, if the debtor cannot make a choice due to the fault of creditor, the debtor can choose recession and ask for damages. In 1204, the debtor will not be held liable even if the loss of some of the objects is through fortuitous event or through his fault, unless all the objects have been lost through his fault. On the other hand, in 1205 when the right of choice lies on the creditor, he is given a power to demand for the remaining object or may choose the value of lost object due to the debtor's fault plus damages and if all things are lost, creditor may choose upon the price of any one of them plus damages. However if all things are lost due to fortuitous event, the obligation is extinguished. Lastly in 1206, facultative obligation, the loss of the thing intended as a substitute does not render the debtor liable unless the substitution have been made and if the loss is due to fortuitous event. Thank you po again Atty.
HILA, ERIKA AIRA A. 3C4
Good Day Atty.
ALTERNATIVE OBLIGATIONS
ARTICLE 1199- A person alternatively bound by different prestations shall perform one of them.
ALTERNATIVE OBLIGATION- several prestations are due but the perform one of them.
FACULTATIVE OBLIGATION- only one prestation is due but the debtor may substitute another.
ARTICLE 1206- When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation called facultative.
NUMBER OF PRESTATIONS IN ALTERNATIVE- Several prestations are due but compliance with one is sufficient
NUMBER OF PRESTATIONS IN FACULTATIVE- Only one prestation is due but debtor is allowed for substitute.
RIGHT OF CHOICE IN ALTERNATIVE- Debtor, creditor and third party.
RIGHT OF CHOICE IN FACULTATIVE- Debtor only
Laarni Joy Cabanela
1BSA-A
Pamantasan ng Cabuyao
Good Day, Atty. Here is the summary of what I have learned in this video.
1199. A person alternatively bound by different prestations shall completely perform one of them.
The creditor cannot be compelled to receive part of one and part of the other undertaking.
Art. 1200. The right of choice belongs to the debtor, unless it has been expressly granted to the creditor.
The debtor shall have no right to choose those prestations which are impossible, unlawful or which could not have been the object of the obligation.
Art. 1201. The choice shall produce no effect except from the time it has been communicated.
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 creditor's acts the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages.
Art. 1204. The creditor shall have a right to indemnity for damages when, through the fault of the debtor, all the things which are alternatively the object of the obligation have been lost, or the compliance of the obligation has become impossible.
The indemnity shall be fixed taking as a basis the value of the last thing which disappeared, or that of the service which last became impossible.
Damages other than the value of the last thing or service may also be awarded.
Art. 1205. When the choice has been expressly given to the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor.
Until then the responsibility of the debtor shall be governed by the following rules:
(1) If one of the things is lost through a fortuitous event, he shall perform the obligation by delivering that which the creditor should choose from among the remainder, or that which remains if only one subsists;
(2) If the loss of one of the things occurs through the fault of the debtor, the creditor may claim any of those subsisting, or the price of that which, through the fault of the former, has disappeared, with a right to damages;
(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.
The same rules shall be applied to obligations to do or not to do in case one, some or all of the prestations should become impossible.
Art. 1206. When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called facultative.
The loss or deterioration of the thing intended as a substitute, through the negligence of the obligor, does not render him liable. But once the substitution has been made, the obligor is liable for the loss of the substitute on account of his delay, negligence or fraud.
Thank you.
Conta, Emmanuel P.
1BSA-A
Thank you Atty. Here are my takeaways and learnings from the video
Article 1199
"A person alternatively bound by different prestations shall completely perform one of them. The creditor cannot be compelled to receive part of one and part of the other undertaking.”
Kinds of Distributive Obligation:
1. Alternative obligation - several prestations are due but the performance of one is sufficient
2. Facultative obligation - only one prestation is due but the debtor may substitute another
Article 1200
General Rule: The right to chooses the prestation belongs to the debtor
Exceptions:
1. If the prestation is impossible, unlawful, and not the object of the obligation.
2. Only one prestation is practicable.
Article 1201
General Rule: All rights may be waived.
The choice shall produce no effect except from the time it has been communicated. It also says that once the notice was given to the creditor the obligation becomes alternative and simple.
Article 1202
It states that “The debtor shall lose the right of choice when among the prestation whereby he is alternatively bound, only one is practicable.” Means if only one prestation is practicable, the obligation is converted into a simple one.
Article 1203
If through the creditor's acts, the debtor cannot make a choice according to the terms of obligation and the latter may rescind the contract with damages.
Rescission - creates the obligation to return the things which were the object of the contract together with their fruits, and the price with its interest.
Article 1204
Some of the Objects lost:
a) If through his fault, debtor is not liable.
b) If through a fortuitous event, debtor is not liable.
All of the Objects lost:
a) If through his fault, debtor is liable.
b) If through a fortuitous event, debtor is not liable.
Article 1205
When the right of choice is given to the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor.
Before the creditor makes the selection, the debtor cannot incur delay.
Loss Rights of Creditor
Through a fortuitous event (some) can choose from among the remainder
Through debtor’s fault (some) may claim another item with right to damage
Through debtor’s fault (all) may demand payment of any item with right to damages
Through a fortuitous event (all) obligation is extinguished
Article 1206
It is all about facultative obligation which means there is only one prestation and it can be substituted. The differences of alternative and facultative are also distinguished including the number of prestation, right of choice and losses.
Lagera, Rinalyn A
1BSA-A PNC
These are my takeaways atty on article 1199 there are kinds of obligation according to object
1. Simple obligation meaning there is one obligation.
2. Compound obligation meaning two or more prestation.
Conjunctive obligation is one where several prestation and all of them are due while distributive obligation one where 2 or more prestation are due.
On article 1200
The general rule is the right to choose the prestation belongs to the debtor.
Article 1201
All rights May be waived
Obligations become simple
Article 1202
If only one prestation is practicable the obligation is converted into simple one. Meaning simple is demandable.
Article 1203
Recision creates the obligation to return the things which were the object of the contract together with their fruits and price with it's interest.
Article 1204- some of the object is loss if through furtiotous event then debtor is not liable while if all the objects are loss the debtor is liable if it is due to his fault and if in fortuitous event then he is not.
Article 1205
Loss through fortuitous event creditor can choose from among the remainder while if through the debtors fault creditor may claim another item with the right to damage.
On article 1206
Here before substitution if through the furtiotous event obligation extinguished if through the debtors fault then debtor is liable.
That's all thanks po have a nice day !
Galuz, Lotus Anne A.
1BSA - A
Pamantasan ng Cabuyao
Article 1199 This article talks about the two kinds of distributive obligation; the alternative and facultative.
Article 1200 The general rule is the right to choose the prestation belongs to the debtor.
Article 1201 "The choice shall produce no effect except from the time it has been communicated".
Article 1202The debtor shall lose the right of choice when among the prestations whereby he is alternatively bound, only one is practicable.
Article 1203 talks about rescission, a rescission creates the obligation to return the things with were the object of the contract together with their fruits, and the price with interests.
Article 1204 discusses the effect of the loss of some of the objects and all of the objects through the fault of the debtor and a fortuitous event.
Article 1205 - This article is for circumstances where the right of choice is expressly granted to the creditor.
Article 1206 The loss or deterioration of the thing intended as a substitute, through the negligence of the obligor, does not render him liable.
ty Atty!
Isabel I. Lozada
1 BSA - A
The summary of what I have learned:
This video lecture is obviously about the Alternative Obligations. Initially, I have acquired a knowledge about the difference between an Alternative and Facultative Obligations. In Alternative Obligations, there are numerous prestations given are due, but only the performance of one is sufficient; the latter, there is only a prestation due but the debtor has the right to substitute another. In addition, there is a general rule in the alternative obligation, which is "The right to choose the prestation belongs to the debtor", but the creditor and the third person can still have a right as well, but it only happens if it is expressly given to them. Moreover, if there is only one prestations that is practicable, then the obligation will turn into a simple one. It also focuses the loss of debtor's right to choose in accordance to the terms of the obligation due to the creditor's fault, then the debtor may rescind the contract with corresponding damages too. In Article 1204, it also talks about the the loss of some or all of the objects, then he must face a liability (if through his fault), but if the reason is due to fortuitous event, the debtor is not consider as liable. In Facultative obligation, it also tackles how the debtor will be liable about the loss of the principal after the substitution. If the reason is either due to fortuitous event or his fault, the debtor is not liable since the parties already agreed to go with the substitute one. However, if the loss of the substitute is because of the fortuitous event, then the obligation will be considered as extinguished. If through debtor's fault, the debtor will become liable.
Thank you, Atty.
Dela Chica, Beniline D.
1BSA-B
Good day, Atty. This video helps me better understand the difference between Alternative and Facultative Obligations. Article 1199 is about Distributive obligation where two or more of the prestations is due. Under distributive obligation are alternative and facultative wherein alternative obligation is one where several prestations are due but the performance of one is sufficient as determined by the choice which as a general rule, belongs to the debtor. This general rule is subject to Article 1200 unless it has been expressly granted to the creditor. Meanwhile, the choice shall produce no effect except from the time it has been communicated (Art. 1201). As a general rule in this article, all rights may be waived. In Article 1202, the debtor will lose his rights of choice whereby he is alternatively bound in the prestation if only one prestation is practicable. If through the creditor's act, the debtor cannot choose according to the terms of obligation, so the latter may rescind or cancel the contract with damages as stated in Article 1203. Meanwhile, Article 1204 discusses the effect of the loss of some of the objects and all of the objects through the fault of the debtor and a fortuitous event. It identifies whether the debtor is liable or not. Also, Article 1205 talks about the loss of the object, some of it, and all of the object, due to a fortuitous event or debtor's fault. However, this article identifies the right of the creditor upon the loss of the object. For the last Article which is Article 1206, facultative obligations are the subject as it is one where only one prestation has been agreed upon but the debtor may render another un substitution. It also presents the effect of loss of the thing before and after substitution. This article also distinguished the difference between alternative and facultative obligations.
This video helps me understand the concept of Alternative and Facultative obligation and serves as the reviewer for the examination. Thank you Atty. for creating this video.
Cas, Jeddah Mae C.
1 BSA - A
Good Day Atty! These are what i've learned through watching the video. It is summarized per article based on my understandings on each part.
Article 1199 - This article states that creditor cannot be compelled to receive parts of different prestations
· It speaks of different kinds of distributive obligation which is the alternative obligation and facultative obligation
Article 1200 - This article states that the right of choice belongs to the obligor or the debtor, unless if it has been allowed or granted by the creditor.
·The exceptions to this article are as follows:
(a) If the prestations is impossible, unlawful and not the object of the obligation
(b) Only one prestation is practicable
Article 1201 - This article states that " The choice shall produce no effect except from the time it has been communicated."
·The choice of prestation may be communicated in different forms such as writing or verbally implied.
·All rights may be waived
Article 1202 - This article states that if only prestation is practicable, the obligation is converted into a simple one
Article 1203 - This article states that the debtor may rescind the contract with damages if cannot make a choice with accordance to the terms of the obligation due to the fault of the creditor.
Article 1204 - This article states that the creditor is entitled to indemnity for damages if the impossibility are being caused by the fault of the debtor.
Article 1205 - This article states the rules in case of loss before creditor made a choice (a) when a thing is loss through a fortuitous event, (b) when a thing is lost through a debtor's fault, (c) when all the things are lost through the debtor 's fault
·It also speaks of before the creditor make the selection, the debtor cannot incur a delay
·The rules are also aplicable to personal obligations
Article 1206 - This article states that in facultative obligation, the debtor can give another prestation even if there's only one prestation that was being agreed upon.
Reyes, Zhellie Mae
1-BSA-A
Thank you for this lecture video Atty. Through this video, I was able to distinguish the difference between alternative and facultative obligation. As to what is stated in the Article 1199, Alternative obligation is a kind of distributive obligation whereas several prestations are due but the fulfillment of one prestation is sufficient. On the other hand, for the facultative obligation, only one prestation is due and the debtor can substitute a prestation for its fulfillment. In an alternative obligation, as to what is stated in Article 1200, based on the general rule, the right of choice is given to the debtor but it can also be given to the creditor if it is expressly stipulated. This general rule is not absolute because there are situations where the right of choice of debtor will be disregard. First is when the prestation is unlawful, impossible or if it is not directly related to the object. Second is if the alternative obligation which consists of several prestations become impossible to be fulfilled and only one is left, then it becomes a simple obligation which is demandable at once. We also have to take note of the fact that this is only effective upon the communication of the debtor to the other party it can be written or oral. The debtor also has given the right to rescind the contract if it is due to the creditors fault. However, the creditor also has the right for indemnity for damages if the debtor lost all of the available objects but if only some of the objects is lost, then he is not liable for he can still choose for the available objects. Lastly, this lecture video also made me understand the facultative obligation which is about an obligation which have one prestation but cab be substituted. If before the substitution the item that is intended to be substituted becomes lost, with or without the fault of the debtor he is not liable because the principal thing is the prestation that is due. Only if it still not communicated to the debtor. However if the parties has already communicated the substitution and the thing or object that was intended to be substituted was lost trough debtors fault then he is liable for it.
Allyssa Grazielle S. Alcain
1BSA-B
Here's the summary of what I've learned in this video lecture.
•Aricle 1199
- talks about kinds of distributive obligations.
°Alternative Obligations (obligations that are due and the performance of one are fulfilled the obligation)
°Faculative Obligation (has one prestation is due and the debtor may substitute to another)
•Article 1200
- is all about if the creditor granted the debtor, the right of choice is in the debtor.
- the debtor has no right to choose on prestation which if its impossible, unlawful or can't be the object of the obligation.
•Article 1201
- under this article it tackles the Communication of Notice that a choice has been Made.
°Effect of notice(choice is made and communicated)
°Proof and form of notice(giving notice may be in orally or in writing, expressly or impiled.
- General rule: All rights may be waived.
•Article 1202
-under of this article, the debtor can lose the right of choice when he alternatively bound in prestation. Only one is practicable.
•Artcle 1203
- the debtor cannot make his own choice through the creditor's acts according to the terms of obligation. The latter can rescind the contract with damage.
•Article 1204
- the creditor shall have a right to indemnity for damges through the debtors fault, all the things are alternatively the object of the obligation that lost, or the compliance of the obligation has become impossible.
Summary:
°Loss of some of the object
- if through his fault, the debtor is not liable.
- if through a fortuitous event, the debtor is not liable.
°Loss of all of the object
- if through his fault, the debtor is liable.
- if through a fortuitous event, the debtor is not liable.
•Article 1205
- if the choice has been expressly given to the creditor, his obligation shall be cease to be alternative from the day if the the choice has been communicated to the debtor.
Summary:
°Loss through a fortuitous event (some)
- can choose from among the ramainder.
°Loss through from the debtor's fault (some)
- may claim another item with right to damage.
°Loss through debtor's fault (all)
- may demand payment of any item with right to damages.
°Loss through a fortuitous event (all)
- obligation is extinguished.
•Article 1206
- talks about Facultative Obligation, if the debtor intended to substitute the loss of thing it doesn't make the debtor liable unless if the loss is through the fortuitous event.
Azagra, Mark Johndave A.
1 BSA-B
Good afternoon Atty.
Here are the summary of my learnings.
Article 1199
The creditor cannot be compelled to receive part of one and part of the other undertaking.
Under Article 1199
•Kinds of Distributive Obligation.
1.Alternative obligation
2.Facultative Obligation
Article 1200
The debtor shall have no right to choose those prestations which are impossible, unlawful or which could not have been the object of the obligation.
Article 1201
The choice shall produce no effect except from the time it has been communicated.
Under Article 1201
•Communication of notice that a choice has been made 1. Effect of notice 2. Proof and Form of Notice.
Effects of Notice.
Article 1202
The debtor shall lose the right of choice when among the prestations whereby he is alternatively bound, only one is practicable.
Article 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.
Article 1204
The debtor shall have a right to indemnity for damages when, through the fault of the debtor, all the things which are alternatively the object of the obligation have been lost, or the compliance of the obligation has become impossible.
Article 1205
When the choice has been expressly given to the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor.
Article 1206
The loss ir deterioration of the thing intended as a substitute through the negligence of the obligor, does not render him liable, but once the substitution has been made, the obligor is liable for the loss of substitute on account of his delay, negligence or fraud.
Thank you and God bless Atty.
Abion, Francine Joyce P.
1BSA-B
Good day, Sir. Thank you for the video discussion. I have learned that Article 1199 has the distributive obligations: alternative obligation where there are several prestations however the debtor may perform one of those prestations; while the facultative obligation implies that there is only one prestation and the obligor may substitute another. In Article 1200, the right to make a choice goes to the debtor except if the prestation is impossible and forbidden by law. The obligor may lose his right of choice if only one prestation is practicable. I also understand that once the choice gets communicated, the obligation becomes simple, and the choice will be irrevocable. Article 1203 if through the creditor's fault, the debtor cannot make a choice then he can decide rescission. The next study (Art. 1204) talks about the effect of loss. The obligor will be liable if the loss of the thing is through his fault and not on a fortuitous event. I have learned in Article 1205 is that when the creditor is given the right of choice, the debtor has the responsibility not to incur a delay. The creditor can demand the remaining object, but the obligation will get extinguished if the loss of the thing is through a fortuitous happening. The last portion of the video tackles Article 1206 in which concerns that the substitution becomes valid or effective once it has been communicated and that the obligation is converted into a simple obligation.
Thank you for the video lecture, Atty.
Tenorio, Jeane Antonette E.
1BSA-B
Pamantasan ng Cabuyao
Here are my notes from this lecture.
Article 1199
Kinds of distributive obligations
1. Alternative obligation- several prestations are due but the performance of one is sufficient
2. Faculative obligation- one where ony one prestation is due but the debtor may substitute another.
Article 1200: The right to make a choice belongs to the debtor unless it has been expressly granted to the creditor.
Exceptions:
1. If the prestation is impossible, unlawful, and not the object of the obligation.
2. Only one prestation is practicable
Article 1201: The choice shall produce no effect except from the time it has been communicated.
Communication of notice that choice has been made.
1. Effect of notice- until the choice is made and communicated, the obligation remains alternative.
2. Proof and form of notice- the law does not require any particular form regarding the giving of notice which may be orally or in writing, expressly or implied.
Effects of notice
1. Obligation becomes simple
2. Irrevocable and cannot be changed without consent
All rights may be waived.
Article 1202. If only one prestation is practicable, the obligation is converted into a simple one
Article 1203. If through the creditor’s act, the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages.
Rescission- creates the obligation to return the things which were the object of the contract together with their fruits, and the price with its interest.
Article 1204. In case of disagreement, the creditor must prove such value, thing last disappeared or service last became impossible.
Effect of loss of some of the object.
1. If through his fault, debtor is not liable.
2. If through a fortuitous event, debtor is not liable
Effect of loss of all of the objects.
1. If through his fault, debtor is liable.
2. If through a fortuitous event, debtor is not liable.
Article 1205. Before the creditor makes the selection, the debtor cannot incur delay
1. If loss through a fortuitous event(some)ditor can choose from among the remainder.
2. If loss through debtor’s fault(some), the creditor may claim another item with rights to damage.
3. If loss through debtor’s fault(all), the creditor may demand payment of any item with rights to damage.
4. If loss through a fortuitous event(all), the obligation is extinguished.
Rules are also applicable to personal obligations.
Article 1206. If the substitution is made, the obligation is converted into a simple one to deliver or perform the substituted thig or prestation. The substitution becomes effective from the time it has been communicated.
Facultative obligation- when one prestation has been agreed upon, but the obligor may render another in substitution.
Effect of Loss of the thing before substitution:
• If through a fortuitous event, obligation is extinguished(principal)
• If through a fortuitous event, debtor is not liable(substitute)
• If through the debtor’s fault, debtor is liable(principal)
• If through the debtor’s fault, debtor is not liable(substitute)
Effect of Loss after substitution:
• If through a fortuitous event, debtor is not liable(principal)
• If through a fortuitous event, obligation is extinguished(substitute)
• If through the debtor’s fault, debtor is not liable(principal)
Melendrez, Jonalyn C.
1 BSA-B
Good day, Atty! Here are some of my key takeaways in this video lecture:
•Article 1199 stated different kinds of distributive obligation.
•Distributive Obligation - where two or more of the prestations is due. It may be alternative or facultative.
•Alternative Obligation - it is one where several prestations are due but one is already sufficient.
•Facultative Obligation - it is one where only prestation is due but the debtor may substitute another prestation.
•Article 1200 - The right of choice belongs to the debtor. They shall not choose prestations which are impossible. However, creditor can have the right of choice if it is expressly granted.
•Debtor cannot choose prestations which are: impossible, unlawful, could not have been the object of obligation and if only one prestation is practicable.
•Article 1201 - Obligation remains alternative until the choice is made and communicated.
•Article 1202 - When only one prestation is practicable, the debtor shall lose his right of choice.
•Article 1203 - The debtor may rescind the contract if he cannot make a choice through the creditor's acts.
•Article 1204 - This article refers to the effect of loss of objects of obligation.
∆Some of the objects are lost
-If through his fault, debtor is not liable
-If through fortuitous event, debtor is not liable
∆All of the objects are lost
-If through his fault, debtor is liable
-If through fortuitous event, debtor is not liable
•Article 1205 - In this article, the right of choice belongs to the creditor. The rules in case of loss before creditor has made choice are also discussed in this article.
∆When a thing is lost through a fortuitous event, creditor can still choose from among the remainder prestations.
∆When a thing is lost through debtor's fault, creditor can claim the other items with a right to damages.
∆When all the things are lost through debtor's fault, creditor can demand the payment of the price of any item with a right to damages.
∆When all the things are lost through fortuitous event, obligation is extinguished and Article 1174 shall apply.
•Article 1206 refers to facultative obligation where only one prestation has been agreed upon but the debtor may render another. In this article, the alternative and facultative obligations distinguished by the number of prestations, right of choice, loss through a fortuitous event and through debtor's fault.
Thank you for this video lecture, Atty! It helps me to better understand the articles in chapter 3 section 3 which is all about the distinction between alternative and facultative obligation. I've also learned about the general rule that the right to choose belongs to the debtor (with exceptions) and when the creditor will have the right of choice.
Marjes, Hazel-Ann B.
1BSA-B
1199
Kinds of Distributive Obligation
1. Alternative obligation- several prestation are due but the performance of one is sufficient
2. Faculty obligation- only one prestation is due but the debtor may substitute another
1200
The right to choose the prestation belongs to the debtor.
1201
Communication of notice that a choice has been made:
1. Effect of notice- until the choice is made and communicated, the obligation remains alternative
2. Proof and form of notice- the law does not require any particular form regarding the giving of notice which may be orally or in writing expressly or implied
All rights may be waived
1202
If only one prestation is practicable, the obligation is converted into a simple one
1203
Rescission- creates the obligation to return the things which were the object of the contract together with their fruits, and the price with its interest.
1204
In case of disagreement, the creditor must prove such value, thing last disappeared or service last became impossible
1205
Rules are also applicable to personal obligations
The responsibility of debtor to damages depends it it was due to his fault or not
1206
One the substitution is made, the obligation is converted into a simple one to deliver or perform the substituted thing or prestation. The substitution becomes effective from the time it has been communicated
Geminiano, Hanna Rian T.
1BSA-A
These are my takeaways from this video lecture:
In this video, I have learned about Alternative Obligations wherein there are several prestations are due but performance of one is sufficient. I have learned that in this obligation, the debtor has the right to choose the prestation. When the choice has been made and communicated, the obligation becomes simple and irrevocable. Also I have learned that if only one prestation is practicable, the obligation is to be converted into a simple one. If the debtor cannot make a choice because of the creditor's act, he may rescind the contract with damages. Lastly, I was able to clearly understand facultative obligation. It is a kind of obligation wherein there is only one prestation due but the debtor could have another in substitution.
Serrano, Kaela B
1BSA-A
Good Day Atty.
Here are my takeaways under this lesson:
Article 1199
Talks about kinds of distributive obligation
Alternative obligation-several prestations are due but one performance is enough
Facultative Obligation- one prestation is due but the debtor may substitute another.
Article 1200
States that the right to choose among the prestations belongs to the debtor.
The right of the debtor is subject to limitations which are: impossible, unlawful, and which could not jave been the object of the obligation.
Article 1201
Once the choice has been made, the obligation remains alternative
Article 1202
States that the debtor losses the ability to choose when only one thing is practiceable.
Article 1203
The debtor may ask to return the things which were the object of the contract with interest, fruits and damages when he cannot make a choice through creditor's acts.
Article 1204
Talks about the effects of the loss of the objects in an obligation
If some of the objects have been lost through the fault of the debtor, the debtor is not liable for he can still perform the obligation
If all of the objects have been lost, the creditor has the right for indemnity of damages.
Art 1205 when the thing is lost when the choice has been made by the creditor:
When the thing is lost thru fortuitous event, creditor can choose another prestation
When a thing is lost thru debtors fault, creditor can choose another prestation with a right to damages.
When all of the things are lost through debtors fault, creditor may demand the payment of the price of any one of the prestation plus indemnity for damages.
When all of the things are lost due to fortuitous event, the obligation is extuingished.
Article 1206 refers to facultative obligation wherein when the original prestation that they have agreed upon is lost, the debtor may substitute another thing. If loss happens during facultative obligation, the debtor is not liable for he can render a substitute.
Padayao, Louisa Marie O.
1BSA-B
Good day, Sir!
This video lecture had generally taught me about the alternative obligations and its provisions, and also about the facultative obligations that are both kinds of distributive obligations. As being distinguished, an alternative obligation is one having several prestations due but the performance of one is sufficient. On the other hand, a facultative obligation has only one prestation due but debtor may substitute another. As a general rule, the right to choose the prestation on an alternative obligation belongs to the debtor. However, there are exceptions to when the debtor may choose between the alternatives. First, if the prestation is impossible, unlawful, and is not subject of the obligation. And second, when there is only one prestation that is practicable.
In case the objects have been lost either through the debtor's fault or due to a fortuitous event, the liabilities to be carried by the debtor depends. If only some of the objects or the alternatives of the obligation are lost and is due to either the debtor's fault or a fortuitous event, he is not liable. But, if all of the objects were lost due to the debtor's fault, he now becomes liable, contrary to when it happens because of a fortuitous event where he is still not liable for it.
I've also learned in this lecture that even though the general rule of being the debtor having the right of choice, the said right could still be granted upon the creditor or a third person. If the right to choose is given expressly to the creditor and loss of the objects occured, creditor is also granted rights depending on the cause of loss. If some of the objects were lost due to the debtor's fault, creditor may claim another item with right to damages. If it happens due to a fortuitous event, he can choose from among the remainders. However if all of the objects had been lost and is due to a fortuitous event, the obligation is extinguished. On the other hand, the creditor may demand payment of any item with right to damages if it occurs due to the debtor's fault.
In a facultative obligation where loss of either the principal or of the substitute occurs, the liabilities of the debtor also depends on when and how the loss happend. The discussion was a bit complicated since there are several aspects that must be considered to distinguish what level of liability the debtor would have. But, since it is presented on a table, the topics were summarized and was easier to view and understand. The comparison between an alternative and facultative obligation was also organized in a table, making the same convenience for the viewers of the video lecture. Additional information that was emphasized regarding the topics were also helpful. One is that once substitution is made in a facultative obligation, the obligation was converted into a simple one to deliver or perform the substituted thing or prestation.
This video lecture helped me a lot for reviewing purposes. It summarizes everything that was indicated on the book, and so it makes it more essential, not only to get other information about the topics, but also to better understand those topics. Once again, thank you so much, Sir for this video lecture.
Lopez, Rea Mae P.
1BSA-A
Here are my key takeaways for this video:
Article 1199 talks about kinds of distributive obligations which are alternative obligations and facultative obligations. It also discusses the difference between alternative and facultative obligations wherein alternative obligations there are several prestations while in facultative obligation there is the only prestation.
Article 1200 talks about the right of choice belong to the debtor but it also talks that debtor shall have no right to choose prestation that are impossible, unlawful, or which could not have been the object of the obligation.
Article 1201 talks about communication of notice that choice has been made. It tells that unless the choice is made and communicated, the obligations remain still alternative. After the choice is made and communicated it is irrevocable and cannot be changed by either party without the consent of the other.
Article 1202 talks about if only one prestation is applicable, the obligation is converted into a simple one.
Article 1203 tells if through creditor's acts the debtor may rescind the contract but the debtor cannot make a choice.
Article 1204 talks about the effect of loss of objects of obligations. If some of the objects have been lost through a fortuitous event or though debtor's fault, the debtor is not liable and if the debtor lost all the objects through his fault, he is liable but if the cause of loss is through the fortuitous event, the obligation is extinguished.
Article 1205 applies only when the right of choice has been expressly granted to the creditor by the debtor because as a rule, the rights of choice belong to the debtor. If the thing is lost through a fortuitous event, the creditor can choose from the remaining things. If the thing is lost through the debtor's fault, the creditor may claim another item with the right to damage. If all things are lost through the debtor's fault, the creditor may demand payment of any item with a right to indemnity for damages. If all things are lost through fortuitous events, the obligation is extinguished.
Article 1206 talks about the meaning of facultative obligation where one only prestation has been agreed upon but the obligor may render another in substitution. It also discusses the effect of loss before substitution, if the thing is lost through a fortuitous event, the obligation is extinguished. If the thing is lost through the fault of the debtor, he is liable, if the substitute is lost before substitution, the debtor is not liable.
Thank you, po Attorney and God bless po.
Miranda, Ranegel Anne R.
PNC
1BSA - B
The lesson that I have learned in this video is about the continuation of the Section 3 - Alternative Obligations (Article 1199 to Article 1206). Article 1199 talks about the kinds of distributive obligation: (1) Alternative Obligation - due of the several prestations but the performance of one is sufficient, and (2) Facultative Obligation - one prestation is due but debtor may substitute another. In Article 1200, the general rule of the article is that the right to choose the prestation belongs to the debtor but there are exceptions: (1) If the prestation is impossible, unlawful, and not the object of the obligation, and (2) only one prestation is practicable. Under Article 1201 is the communication of notice that a choice has been made: (1) Effect of notice - until the choice is made and communicated, the obligation will remain alternative, and (2) Proof and form of notice - The law does not require any particular form regarding the giving of notice. Effect of Notice, once the choice is communicated, the obligation becomes simple, and the choice is irrevocable and cannot be changed without consent. The general rule in this article is that All rights may be waived. In Article 1202, if only one prestation is practicable, the obligation is converted into a simple one. Under Article 1203, if through the fault of the creditor the debtor cannot make a choice, then the debtor can choose rescission and ask for damages. Rescission is the one that creates the obligation to return the things which were the object of contract together with their fruits, and the price with its interest. Under Article 1204 is the effect of loss and this article apply when the right of choice belongs to the debtor. If some of the objects are lost through the fault of the debtor, he is not liable, as well as, if some objects are lost due to fortuitous event, the debtor is not liable. In case when all of the objects are lost through his fault, the debtor is liable but if all of the objects are lost due to a fortuitous event, the debtor is not liable. Under Article 1205 is the rules in case of loss before creditor has made choice. (1) When some of the thing is lost through a fortuitous event, the creditor may choose among the remainder. (2) When some of the thing is lost through the debtor’s fault, the creditor may claim another item with right to damage. (3) When all of the things are lost through the debtor’s fault, the creditor may demand payment of any item with right to damages. (4) When all of the things are lost due to a fortuitous event, the obligation will be extinguished. This article is also applicable to personal obligations. In Article 1206 the effect of loss before substitution, if in the principal thing (if through a fortuitous event, obligation is extinguished and if it is the debtor’s fault then the debtor is liable, and in the effect of substitute, if it is lost through a fortuitous event, the debtor is not liable, moreover if it is through the debtor’s fault, the debtor is not also liable. The effect of loss after substitution in principal, the debtor is not liable even if it is his fault or due to a fortuitous event. While In the effect of substitute after the substitution, if through a fortuitous event, the obligation is extinguished and if it is through the debtor’s fault then the debtor is liable.
Thank you for this lesson, Atty.
PAMA,KERSHEY ANNE L.
1BSA-A
My takeaways:
Article 1199
•Distributive Obligation - where two or more of the prestations is due. It may be alternative or facultative.
•Alternative Obligation - it is one where several prestations are due but one is already sufficient.
•Facultative Obligation - it is one where only prestation is due but the debtor may substitute another prestation.
Article 1200
The right of the choice belongs to the debtor, unless it has been expressly granted to the debtor. the debtor shall have no right to choose this prestation which impossible unlawful, it could not have been the object of the obligation.
Article 1201
Discussed that the choice made by the debtor must be communicated to the creditor for it to be effective.
Article 1202
The debtor shall lose the right of choice among the prestation whereby he is alternatively bound, only one is practicable. and if only one prestation is practicable the obligation is converted into a simple one.
Article 1203
States that if through the creditor's acts the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages.
Article 1204
The creditor shall have a right to indemnity for damages through the debtors fault, all the things are alternatively the object of the obligation that lost, or the compliance of the obligation has become impossible.
Article 1205
Applies only when the right of choice has been expressly granted to the creditor by the debtor because as a rule, the rights of choice belong to the debtor. If the thing is lost through a fortuitous event, the creditor can choose from the remaining things. If the thing is lost through the debtor's fault, the creditor may claim another item with the right to damage. If all things are lost through the debtor's fault, the creditor may demand payment of any item with a right to indemnity for damages. If all things are lost through fortuitous events, the obligation is extinguished.
Article 1206
Tells about the facultative obligation that only one prestation has been agreed upon but the obligor may render another in substitution.
Azada, Leonardo Daniel T.
1BSA-A
PnC
Good day Atty. Here are the explanations of what I learned in this video lecture, alternative obligations.
Article 1199
- This article talks about the kinds of distributive obligation, first alternative obligation where several prestations are due but the performance of one is sufficient, second facultative obligation where only one prestation is due but the debtor may substitute another.
Article 1200
- This article showed that the debtor have the right of choice, unless it has expressly granted to the creditor.
Article 1201
- Until the choice is made and communicated, the obligation remains alternative.
Article 1202
- When the option becomes only one, the debtor had no choice but to comply and made that one to fulfill his obligation.
Article 1203
- The debtor may rescind the contract with damages if the creditor made an act that make him cannot make a choice among the prestations.
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Article 1204
- If some of the object loss and it was his fault, the debtor was not liable for the reason, there was still another option that he can choose to fulfill his obligation, if all the object loss and it was his fault, the debtor is going to be liable.
Article 1205
- When the choice was given to the creditor the obligation shall cease to be alternative, and it also tells that the responsibility of the debtor to damages depends if it was due to his fault or not.
Article 1206
- This article also tells that once the substitution is made, the obligation is converted into a simple one to deliver or perform the substituted thing or prestation. The substitution becomes effective from the time it has been communicated.
Aggabao, Princess Joy B.
1BSA-A
PNC
Good Day Atty. Here are some of my takeaways after reading the book and watching your video lecture.
There are two kinds of distributive obligations one is alternative and the other is facultative. In alternative obligations there are several prestations present but the fulfillment of one is sufficient hence making the obligation deemed to fulfilled. Creditor cannot demand a partial fulfillment of one prestation and part of another (Art 1199) While facultative Obligation has only one prestations but debtor can substitute it by another. The substitutions becomes effective when it is communicated and will became the prestation that is due, the loss or deterioration through fault of debtor will render him liable (1206)
In several prestations the right to choose belong to the debtor in case the obligation is silent as to who will choose it. No right to choose a prestations that is unlawful and is not an object of obligations (Art. 1200)
The choice of the debtor nor the creditor has no effect unless it is communicated. Once the choice has been made the alternative obligation becomes simple and now irrevocable and cannot be change w/o consent (Art. 1201) No right to choose when only one is practicable, the others are either unlawful or impossible therefore become simple obligation (Art. 1202) If through the fault of creditor that the debtor cannot make a choice then the latter can rescind with damages (Art.1203)
If through the fault of debtor all the things have loss or become impossible, creditor may indemnfy the debtor and the basis of value will be the last one that have disappeared. If only some objects have loss debtor is not liable because creditor may still choose from other prestations (Art 1204)
Article 1203 and 1204 refers only when the right to choose belong to the debtor
When the right to choose expressly granted to the creditor the obligation will become simple at the time the choice has been communicated. (1205) In case one of the thing is loss due to fortuitous, creditor may still choose from the remaining one. If loss due to debtors fault, he can still choose from the remaining one or the price of the thing that has been loss with damages. If all thing have been loss, through fault, creditor may choose the price of one of several prestations also with damages.
Cayabyab, Syra Ellaine B.
1 BSA - B
Greetings Atty! Here are some of my take aways after watching the video lecture.
Under Article 1199, two kinds of Distributive Obligation were discussed. Firstly, an Alternative Obligation which several prestations are due but only one of them is sufficient or only one is required to be fulfilled. On the other hand , a Facultative Obligation is one with only one prestation due but the debtor could substitute some more.
Then, under Article 1200, it is said that generally, the right of choice belongs to the debtor. But if expressed, then the creditor may acquire this right. Additionally, the choice needs not to be impossible, unlawful, not subject of the obligation.
Moving on, Article 1201 discusses that if a notice has been made, the obligation becomes simple.
The debtor then loses his right of choice if only one prestation is left for him under Article 1202. Also, the debtor may rescind the contract if through the creditor's acts he cannot make a choice, which is under Article 1203.
Meanwhile, under Article 1204, the creditor may ask for indemnity of damages if all the alternatives are lost through debtor's fault. The debtor may pay the amount that is of equal to that last thing to get lost or impossible.
If the choice is given to the creditor and the choice has been made to notice, the obligation, like in art 1201, becomes simple under Article 1205.
Unlike the above provisions, Article 1206 discusses about Facultative Obligation. It is explained that if a substitute becomes impossible even through debtor's fault, he is not liable. But if the substitution is made before he incurred delay, negligence, or fraud, then he becomes liable.
Thank you so much for this video atty! It really helped a lot.
Kian John Ace Turico
Pamantasan ng Cabuyao
1BSA-A
Here are my key takeaways for the part 4 discussion of Obligations and Contracts, SECTION 3: ALTERNATIVE AND FULCATATIVE OBLIGATIONS
Article 1199 speaks about kinds of distributive obligations. These are the alternative obligation and facultative obligation. Alternative obligations are obligations with several prestation that are due and the performance of one makes the obligation fulfilled. While a facultative obligation have only one prestation but the debtor may substitute another
Article 1200 talks about the right of choice of choice which belongs to debtor, but the right may also be to the creditor if expressly granted to him. It is also said that the debtor can’t choose a prestation that is impossible, unlawful, or not an object of obligation.
Article 1201 tells us that the chosen prestation of the debtor should be communicated to the creditor for it to be effective. The obligation remains alternative unless debtor communicated to the creditor and once it was communicated, the obligation become simple one. The chosen prestation is the irrevocable and cannot be changed unless it has creditor’s consent.
Article 1202 states that if there is only one prestation that is practicable, then the debtor loses his right because he doesn’t have any choice and obligation is converted to simple obligation
Article 1203, if because of creditor’s act the debtor cannot make a choice, the debtor can rescind the obligation. Rescission of the obligation make the parties to return the things which the object of the obligation.
Article 1204 means that if the lost the things of obligation, the right to demand damages by the creditor arises. The basis of the indemnity is the last thing that disappeared. Article 1204 gives two situations;
1. When some of the objects were lost- If the loss is due to debtor’s fault, debtor is not liable as there are still remaining choices. When the loss is due to fortuitous event, then debtor will remain not liable.
2. When all of the objects were lost- If due to debtor’s fault, then he will be liable for the damages and if due to fortuitous event, then he will not be liable.
Article 1205. The provision provides a situation where the right to choose belongs to the creditor. The liability of the debtor governs by rules which is also applicable to personal obligations. These are;
1. If one of the things is lost due to fortuitous event, the obligor will still perform the obligation by delivering the remaining things which the creditor chooses
2. If one of the things is lost due to debtor’s fault, then the creditor may choose to remaining things or the price of the thing that was lost
3. If all the things are lost due to the fault of the debtor, then the creditor’s choice may fall upon the price of one of the things plus indemnity for damages
4. If all the things are lost due to fortuitous event, the obligation is extinguished
Article 1206 speaks about facultative obligation. The loss or deterioration of substitute thing doesn’t make the debtor liable because it was just a substitute. But if after the substitution and the substitute thing was lost or deteriorated, the debtor became liable. When about the principal thing, before the substitution, if it was lost due to fortuitous event, debtor is not liable but if debtor’s fault, he is liable. The loss of principal thing after the substitution doesn’t make him liable whether the loss is due to fortuitous event or his fault. Note that after the substitution was made, the obligation is converted into simple obligation. The substitution should be communicated for it to be effective
THE DIFFERENCE BETWEEN ALTERNATIVE AND FACULTATIVE
Number of prestation, alternative have several prestation but compliance of one is sufficient, while in facultative, there is only one prestation but the debtor may substitute another
Right of choice, in alternative debtor, creditor and third person while in facultative debtor only
Loss through a fortuitous event, an alternative obligation does not extinguish the obligation while a facultative extinguishes an obligation
Loss through a debtor’s fault- in alternative, some loss doesn’t make the debtor liable but if the right belongs to creditor, debtor is liable. In facultative, the loss due to debtor’s fault make the debtor liable but id before substitution, he is not liable
Thank you, Atty. for this video lecture. It helps me to understand easily the principles and rules of Alternative and Facultative Obligations.
Good day sir, halimbawa my loan ako 5 years hindi nabayaran patuloy po ba ang penalties and interest?
Halimbawa sir makapag file ba cla ng case sa akin na willing na man akung tapusin ang aking loan kahit delayed na in 5years?