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Study Guide on Alternative Obligation Article 1199-1206
Bachelor of Science and Accoutancy (BSA)
University of San Carlos
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I. Definitions 1. Alternative Obligation According to Article 1199, an alternative obligation is a kind of distributive obligation according to object in which various prestations are all due however, the performance of one is enough as determined by choice, which, as a general rule, belongs to the debtor.
2. Facultative Obligation Article 1206 states that facultative obligation is another kind of distributive obligation according to object wherein there is only one prestation being agreed upon but the obligor is given the right to substitute the thing with another that is not due.
3. Conjunctive Obligation
Under Article 1199, Conjunctive obligation is a kind of compound obligation according to object which there are several prestations and all are due but it can be performed separately by the obligor.
II. Discussions 1. What are the limitations on the right of choice of the debtor in alternative obligations? Illustrate one such limitation. According to Article 1200, the debtor is restricted to choose prestations that are (a) impossible, (2) unlawful, or (3) which could not have been the object of the obligation.
An example relating to the debtor's limitations would be, Jimmy obliged himself to deliver to Winn a pack of 10 kilos of illegal drugs, or a SMART TV, or a hectare of land. Jimmy can only choose between the SMART TV or the hectare of land since 10 kilos of illegal drugs is deemed unlawful.
- Give the situation when the debtor is given the option either to exercise his right of choice or to rescind the contract with damages.
In Article 1203, if through the creditor's acts the debtor cannot choose according to the terms of obligation thus, the latter may rescind the contract damages.
- State the legal effects in case: a. Some of the objects of the obligation are lost through the fault of the debtor who has the right of choice According to Article 1204, in cases where some of the objects of the obligation are lost or have become impossible because of the debtor's fault, he is not liable since he has the right of choice, regardless of such, the obligation can still be performed.
b. All are lost through his fault As stated in Article 1204, if all of the objects are lost and have become impossible through the debtor's fault, the creditor will now have the right to indemnity (protection/insurance) since the obligation is no longer possible to perform. However, if the cause of the loss of the object is due to a fortuitous event, then the obligation is extinguished.
III. Problems 1. D (debtor) borrowed P10,000 from C (creditor). It was agreed that D could pay P10,000 or deliver his piano on August 22. On August 20, D informed C that the former would deliver his piano. Can D still change his period considering that he was given the right of choice? D can still change his period considering that he was given the right of choice, as stated in Article 1201, the choice shall produce no effect except the time it was communicated. D can choose between the two prestations as long as there is consent from C.
- Under a contract, X (obligor) promised to deliver to Y (obligee) item one, or item two, or item three. Y was given the right of choice. What is the liability of X in case, through his fault?
Study Guide on Alternative Obligation Article 1199-1206
Course: Bachelor of Science and Accoutancy (BSA)
University: University of San Carlos
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