WebAlternative and facultative obligations distinguished. (1) Number of prestations. — In the first, several prestations are due but compliance with one is sufficient, while in the … WebThe loss or deterioration of the substitute on account of the obligor/debtor’s delay, negligence or fraud - obligor/debtor is liable because once substitution is made, the …

Alternative Obligation Law and Legal Definition USLegal, Inc.

WebGenerally, the debtor cannot just pay the penalty instead of performing the obligation. Precisely, the object of the penalty is to secure compliance with the obligation. (Cui vs. Sun Chan, 41 Phil. 523 [1921].) If the debtor is allowed to just pay the penalty, this would in effect make the obligation an alternative one. (Art. 1199.) WebI. 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 … shoe shop dartmouth

Alternative and Facultative Obligations (Part 1) - YouTube

WebFacultative obligations may be complied with the delivery of another object or the performance of another prestation in substitution of that which is due. In alternative obligations, the right of choice may pertain even to the creditor or to a third person. In facultative obligations, the right of choice pertains only to the debtor. WebAlternative Obligations. I. Definitions. Define 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 the debtor. (Article 1200). Facultative obligation WebA divisible obligation is one the object of which, in its delivery or performance, is capable of partial fulfillment. For example, A agreed to pay B Php4,000 in two equal monthly installments for his debt. Here, the obligation of A is divisible because it is capable of partial performance. There are three kinds of division [1]: a) Qualitative ... shoe shop darwin