Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
8 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
Art. 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. |
Alternative Obligation |
|
|
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. |
Right of Choice |
|
|
Art 1201 |
The choice shall produce no effect except from the time it has been communicated. |
Effect of Choice |
|
|
Art 1202 |
The debtor shall lose the right of choice when among the prestations whereby he is alternatively bound, only one is practicable. |
Lose of right of choice. |
|
|
Art 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. |
Inability of choice through creditor's act. |
|
|
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 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. |
Indemnity for Damages. |
|
|
Art. 1205 |
When the choice has been expressly granted to the creditor, the obligation shall cease to be alternative from the day 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 be applied to obligations to do or not to do in case one, some or all of the prestations should become impossible. |
Right of choice to Creditor. Responsibility of the Debtor. |
|
|
Art 1206 |
When only one prestation has been agreed upon, but the obligor may may render another in substitution, the obligation is called facultative. The loss or deterioration of the thing intended as substitute, through the negligence of the debtor, 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. |
Facultative Obligations |
