AULA 15 - OBRIGAÇÕES ALTERNATIVAS

Summary

In this lesson on Civil Law, the professor discusses the classification of obligations, focusing on how obligations can be categorized based on the number of elements involved. Obligations can be simple or composite, and further classified into cumulative, alternative, or facultative based on the number of objects or subjects. The professor elaborates on each type, especially the cumulative and alternative obligations, explaining their key differences, such as how an alternative obligation allows the debtor to choose between multiple objects, and how they differ from uncertain obligations and conditional obligations. The session concludes with an invitation for the next lesson.

Takeaways

• 😀 The script begins with an introduction to the importance of subscribing to the channel and its role in improving educational content for students of Civil Law.
• 😀 The lesson focuses on the study of obligations in Civil Law, specifically diving into the classification of obligations based on the multiplicity of their elements.
• 😀 An obligation can be classified as either a simple or a compound obligation, depending on the number of parties and objects involved.
• 😀 Simple obligations involve one creditor, one debtor, and one object, and can be categorized as obligations to give, do, or not do.
• 😀 Compound obligations, on the other hand, involve multiple creditors, debtors, or objects. The obligation could be classified according to the multiplicity of either the objects or the subjects involved.
• 😀 Obligations involving multiple objects can be classified as cumulative, alternative, or facultative.
• 😀 A cumulative obligation requires the debtor to fulfill the obligation by delivering all specified objects, such as a car and two motorcycles.
• 😀 An alternative obligation provides the debtor with a choice to deliver one of the multiple objects. The debtor can choose which object to deliver in fulfillment of the obligation.
• 😀 In an alternative obligation, the creditor may benefit from a higher chance of receiving fulfillment due to the debtor having a choice between objects. This reduces the risk of non-fulfillment.
• 😀 The script explains that an alternative obligation is different from a conditional obligation, where the fulfillment depends on an uncertain event, like a condition (e.g., delivering a car if the creditor passes an exam).
• 😀 Differences between alternative obligations and obligations involving uncertain objects (like a thing without a specific quality) are also clarified, highlighting that alternative obligations involve two or more specific objects, not a choice regarding quality.

Q & A

What is the primary focus of the video script?

The primary focus of the video is the study of 'obligations' in civil law, specifically the classification of obligations based on their elements, such as the number of creditors, debtors, and the nature of the objects involved.

What are the three main categories of obligations mentioned in the video?

The three main categories of obligations discussed are obligations to give, do, or refrain from doing something ('dar', 'fazer', or 'não fazer').

What distinguishes 'simple' obligations from 'composite' obligations?

Simple obligations involve a single creditor, a single debtor, and a single object, whereas composite obligations involve multiple creditors, debtors, or objects, or a combination of these elements.

How are obligations classified based on their objects?

Obligations can be classified as cumulative, alternative, or facultative based on the multiplicity of objects involved. A cumulative obligation requires the debtor to deliver all specified objects, an alternative obligation gives the debtor the option to deliver one object or another, and a facultative obligation allows for one or more objects to be delivered at the debtor’s discretion.

What is an 'obligation cumulativa' (cumulative obligation)?

An 'obligation cumulativa' requires the debtor to fulfill the obligation by delivering all the specified objects. The debtor must deliver everything, and failure to do so results in non-fulfillment of the obligation.

What is the key characteristic of an 'obligation alternativa' (alternative obligation)?

An 'obligation alternativa' involves two or more objects, and the debtor is required to fulfill the obligation by delivering one of those objects, not necessarily all. The choice of which object to deliver is usually left to the debtor or based on certain conditions.

How does an alternative obligation differ from an obligation to give a thing that is uncertain?

In an alternative obligation, the debtor has two or more specific objects to choose from for delivery, whereas in an obligation to give a thing that is uncertain, the object is not fully determined, and the choice involves its qualities rather than the object itself.

What is the difference between an alternative obligation and a conditional obligation?

An alternative obligation offers the debtor a choice between two or more objects, whereas a conditional obligation depends on an uncertain future event, like the fulfillment of a condition (e.g., delivering a car if the creditor passes an exam).

What role does the choice of object play in an alternative obligation?

In an alternative obligation, the debtor must choose which object to deliver from two or more predetermined options. The choice can be influenced by factors like ease of fulfillment or other situational considerations.

What is the advantage of an alternative obligation for both the creditor and the debtor?

For the debtor, the alternative obligation provides flexibility by allowing them to choose between different objects, potentially making fulfillment easier. For the creditor, it increases the chances of the obligation being fulfilled since at least one of the options is likely to be delivered.