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  SECTION 3 : Alternave Obligaons (Arcles 1199-1206) 1. Defne the ollowing: 1. Alternave obligaon - debtor is alternavely bound with various prestaons that are due but the perormance o one o them is sucient to exnguish the obligaon. 2. Facultave obligaon - debtor is bound to perorm one prestaon is due to deliver one thing with a reserved right to choose another prestaon or thing as substute or the principal.2. What are the kinds o obligaon according to object? Defne each. ·1 Simple Obligaon - there is only one object ·2 Compound Obligaon - two or more prestaons3. To whom the right o choice belongs? Explain the limitaons o this right. ·3 The right o choice belongs to the debtor, unless it has been expressly granted to the creditor.4. What are the eects o choice made that has been communicated? ·4 The obligaon will be limited only to the chosen or selected prestaon with all the natural consequences arising rom it; ·5 The choice is irrevocable, otherwise, the other pary might be exposed to damages whichmay arise rom costly preparaon in waing or the perormance o the announced prestaon.5. What are the eects when only one prestaon is praccable? ·6 The debtor loses his right o choice when only one alternave prestaon is praccable o perormance.  6. When the debtor may rescind contract? Give examples. ·7 I through the creditor's acts the debtor cannot make a choice according to the terms o the obligaon, the laer may rescind the contract with damages.7. What are the eects o loss or becoming impossible o objects o obligaon? What shall bethe basis o indemnity? ·8 The creditor shall have a right to indemnity or damages when, through the ault o the debtor, all the things which are alternavely the object o the obligaon have been lost, or the compliance o the obligaon has become impossible. The indemnity shall be fxedtaking as a basis the value o the last thing which disappeared, or that o the service which last became impossible. 8. What are the rules in case o loss o thing beore creditor has made choice? Give examples. ·9 When a thing is lost through a ortuitous event - Creditor may choose among the remaining prestaons. ·10 When the thing is lost through debtor's ault - Credor may choose among the remaining prestaons witha right to claim damages. ·11 When all the things are lost through debtor's ault - Creditor can demand the payment o the price o any o the prestaons with right to damages ·12 When all the things are lost through ortuitous event - Obligaon is exnguished.9. Give examples o acultave obligaon. ·13 Gigi, upon ailure to pay her debt to Carlo in 30 days, will mortgage her land to secure her debt which shall be payable in 90 days 10. In a acultave obligaon, what are the eects o loss o principal thing? ·14 one prestaon is due although debtor is allowed to substute it. ·15 the right to make the substuon is given only to the debtor ·16 the loss o thing due exnguish the obligaon  ·17 the loss o thing due through his ault makes him liable ·18 the loss o the substute beore the substuon though the ault o debtor does not render him liable.11. Disnguish alternave and acultave obligaons. ·19 As to objects due - In acultave obligaons only one object is due, whereas in alternave obligaons several objects are due; ·20 As to compliance - Facultave obligaons may be complied by the deluvery o another object or perormance o another prestaon in substuon o that which is due, whereas alternave obligaons may be complied with by the delivery o one o the objects or by the perormance o one o the prestaons which is alternavely due. ·21 As to the right o choice - in acultave, the right o choice pertains only to the debtor, whereas in alternave, the right o choice may pertain even to the creditor or to a third person. ·22 As to eect o orutous loss - in acultave the loss or impossibility the object or prestaon which is due without the any ault o the debtor is sucient to exnguish the obligaon whereas in alternave the loss or impossibility all the objects or prestaons which are due without the ault o the debtor is necessary to exnguish the obligaon. ·23 As to eect culpable loss - in acultave, the culpable loss o the object which the debtormay deliver in substuon beore the substuon is eected does not give rise to any liability on the part o the debtor; in alternave, the culpable loss o any o the objects which are the alternavely due beore the choice is made may give rise to a liability on the part o the debtor. SECTION 4 : Joint and Solidary Obligaons (Arcles 1207-1222) 12. What are the kinds o obligaon according to the number o pares? ·24 Individual obligaon ·25 Collecve obligaon ·26 Joint obligaon ·27 Solidary obligaon  13. Defne the ollowing: 3. Joint obligaon - one where the whole obligaon is to be paid or ulflled proporonately by the dierent debtors or is to be demanded proporonately by the dierent creditors. 4. Solidary obligaon - where one o the debtors is bound to render or one o the creditorshas a right to demand rom any o debtors, enre compliance with the prestaon.14. Give examples o words that are being used to indicate (a) joint liability and (b) solidaryliability. 5. Proporonately, Pro rata, Jointly 6. Jointly and severally, Individually and collecvely15. What is the presumpon when the share o each debtor is not specifed? Give theconsequences o this presumpon. ·28 There are as many debts as there are debtors ·29 There are as many credits as there are creditors ·30 The debts/credits are considered disnct and separate rom one another ·31 Each debtor is liable only or a proporonate part o the debt ·32 Each creditor is entled only to a proporonate part o the credit16. When is obligaon solidary? ·33 a legal relaonship where one or more o several debtors are each liable to pay the enre amount, or one or more o several creditors each able to collect the whole.17. What are the kinds o solidarity? Give examples. ·34 Passive/solidarity on the part o the debtor


Oct 8, 2019
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