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Summary

The lecture covers alternative obligations in contract law, focusing on the distinction between alternative and facultative obligations. In alternative obligations, the debtor chooses one of several options to fulfill the obligation, whereas in facultative obligations, the debtor performs the principal obligation but can substitute it. The lecture also explains how the court handles situations where obligations are partially fulfilled, who holds the right to choose, and what happens when the object of an obligation is destroyed due to fortuitous events or the fault of the parties involved.

Takeaways

• 🚫 The court cannot fix a period if it has already lapsed.
• ✅ If the court fixes a period, parties are supposed to comply as it is a contract between them.
• 🔑 There are two types of compound obligations: conjunctive (all must be complied with) and distributive (only one is sufficient).
• 🔄 In alternative obligations, the debtor chooses which obligation to fulfill, whereas in facultative obligations, the debtor can substitute the principal obligation with a substitute.
• 📚 Article 1199 states that the debtor must completely perform one of the obligations and cannot deliver parts of multiple obligations.
• 📝 Article 1200 explains that the debtor has the right to choose which obligation to fulfill, unless this right is delegated to another party.
• 🚨 Limitations on the debtor's right to choose include not being able to deliver partial obligations, impossible or unlawful obligations, or obligations not part of the contract.
• 💡 Article 1201 clarifies that once the debtor communicates their choice, the obligation becomes simple (only one obligation remains).
• 📉 Article 1202 discusses the effect when only one prestation is practicable, meaning if some obligations become impossible, the remaining obligations still stand.
• 💼 In cases of debtor's choice but creditor's fault, the debtor can choose the remaining obligation or rescind the contract and seek damages.
• 📚 The basis of indemnity differs between Article 1204 (the last thing that disappeared) and Article 1205 (the price of any one of them plus damages).

Q & A

Can the court fix the period if it has already lapsed?

No, the court cannot fix the period if it has already lapsed.

What are the two types of compound obligations?

The two types of compound obligations are conjunctive and distributive.

What is the difference between conjunctive and distributive obligations?

In conjunctive obligations, all the obligations must be performed, whereas in distributive obligations, only one of the obligations needs to be performed.

What is an alternative obligation?

An alternative obligation is a type of distributive obligation where the debtor has to choose and perform only one of the possible obligations.

What is a facultative obligation?

A facultative obligation is where the debtor has the right to choose and perform one of the obligations, but can also substitute the chosen obligation with another.

Who typically has the right to choose in an alternative obligation?

In an alternative obligation, the debtor typically has the right to choose.

What happens if the debtor does not choose in an alternative obligation?

If the debtor does not choose in an alternative obligation, the creditor can file a specific performance to compel the debtor to choose.

What is the effect of communication of choice in an alternative obligation?

The effect of communication of choice is that the obligation becomes simple, meaning only one of the obligations needs to be performed.

What is the general rule regarding the choice in an alternative obligation?

The general rule is that the debtor chooses in an alternative obligation, unless the right of choice is delegated to the creditor or a third person.

What are the limitations on the debtor's right to choose in an alternative obligation?

The limitations include that the debtor must completely perform one of the obligations, cannot deliver partial obligations, cannot deliver things that are impossible, unlawful, or not part of the obligation.

How does the destruction of an object affect the obligation in an alternative obligation?

If an object is destroyed by a fortuitous event, the obligation remains alternative if there are still other objects to choose from. If the last object is destroyed, the obligation extinguishes.