Chapter 3 - Different Kinds of Obligations

Section 3. - Alternative Obligations

The answers must all be based on the Civil Code of the Philippines and on The Law on Obligations and Contracts by Hector S. De Leon and Hector M. De Leon, Jr.

I. Definitions

Define or give the meaning of the following:

1. alternative obligation

2. facultative obligation

3. conjunctive obligation

II. Discussions

1. What are the limitations on the right of choice of the debtor in alternative obligations? Illustrate one such limitation.

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.

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;

(b) all are lost through his fault.

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?

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;

(b) all the item are lost or destroyed?

3. S (seller) sold his TV set to B (buyer) who gave S the option to deliver instead of his refrigerator. Is S liable to B in case the TV is lost through S's fault?