Oblicon Study Guide - aaa PDF

Preview

Summary

STUDY GUIDE 5Alternative ObligationsI. DefinitionsDefine or give the meaning of the following: Alternative obligation  Alternative obligation is one wherein various prestations are due but the performance of one of them is sufficient as determined by the choice which, as a general rule, belongs to ...

Description

STUDY GUIDE 5 Alternative Obligations I. Definitions Define or give the meaning of the following: 1. Alternative obligation  Alternative obligation is one wherein various prestations are due but the performance of one of them is sufficient as determined by the choice which, as a general rule, belongs to the debtor. (Article 1200).

2. Facultative obligation  Facultative obligation is one where only one prestation has been agreed upon but the obligor may render another in substitution. (Article 1206).

3. Conjunctive obligation  Conjunctive obligation is on where there are several prestations and all of them are due. (Article 1199).

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 has a right of choice but the debtor cannot choose prestations that is impossible, unlawful or which could not have been the object of the obligation. For example, Nami promised to deliver to Chopper an unregistered gun, a laptop or a one smartphone. Here, chopper is only limited to choose the laptop and the smartphone. Since having an unregistered gun is violation of the law and considered unlawful.

2. Give the situation when the debtor is given the option either to exercise his right of choice or to rescind the contract with damages. According to Article 1203, if through the creditor’s fault, the debtor cannot make a choice according to the terms of the obligation. The debtor can exercise his right or to rescind the contract with damages.

3. 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; o Based on Article 1204, if some of the objects have been lost or become impossible through the debtor’s fault, he is not liable since the debtor has the right of choice and the obligation can still be performed. b) all are lost through his fault. o In Article 1204, if all of the objects have been lost or become impossible through the debtor’s fault, the creditor has the right for indemnity for damages, since the obligation cannot be performed anymore.

III. Problems Explain or state briefly the rule or reason for your answer. 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? Yes, according to the Article 1201, the choice shall produce no effect except from the time it has been communicated. Meaning, D can choose from the alternatives as long as he gains consent to C.

2. 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: a) item two is lost or destroyed o According to Article 1205, if the thing is lost or destroyed through X’s fault, Y can choose from other items together with damages, or the price of the item two also with damages.

b) all the item are lost or destroyed?

o If all the things are lost or destroyed through X’s fault, in Article 1205, the creditor which is Y has the right to demand the payment of the price of any one of the items together with the right to indemnity for the damages.

3. S (seller) sold his TV set to B (buyer) who gave S the option to deliver instead his refrigerator. Is S liable to B in case the TV is lost through S’s fault? Yes, because Article 1206 states that if the principal thing, which is the TV, is lost through debtor’s fault, he is liable....