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DIFFERENT KINDS OF OBLIGATIONS

Primary classification under the Civil Code

1. Pure obligation

2. Conditional obligation

3. Obligation with a period

4. Alternative obligation

5. Facultative Obligation

6. Joint Obligation

7. Solidary Obligation

8. Divisible Obligation

9. Indivisible Obligation

10. Obligation with a penal clause

Pure and Conditional Obligations

Pure Obligation- one without a term or condition and is demandable at once.

          Ex. I promise to give you P10,000.00. This is immediately demandable since there
is no term that must expire or a condition that must happen for the obligation to be
demandable.

Conditional Obligation- one whose demandability or extinguishment depends upon


the happening of a condition.
          Ex. “I will give you my car if you pass the Customs Broker Examination.” The
condition here is suspensive. You may not demand the delivery of my car until you pass
the Customs Broker Examination.

                   “I will let you use my car until you pass the Customs Broker Examination.”
The condition here is resolutory. You may demand the delivery of my car now but you
must return it to me when you pass the Customs Broker Examination.

Condition

1. Concept

It is an uncertain event which wields an influence on a legal relationship. (Manresa)

2. Classification

a. Suspensive and resolutory

1. Suspensive - This is a condition the happening of which gives rise to the obligation.
This is also called condition antecedent or condition precedent. The demandability of
the obligation is suspended until the happening of the condition.

2. Resolutory -This is a condition the happening of which extinguishes the obligation.


This is also called condition subsequent. The obligation is demandable at once but it
shall be extinguished upon the happening of the condition.

Distinction between suspensive and resolutory obligation

Suspensive Condition Resolutory Condition


If the suspensive condition is fulfilled, the If the resolutory condition is fulfilled, the
obligation arises or becomes effective. obligation is extinguished.
If the suspensive condition is not fulfilled, no If the resolutory condition is not fulfilled, the
juridical relation is created. juridical relation is consolidated.
In suspensive condition, rights are not yet In resolutory condition, rights are already
acquired, but there is a hope or expectancy that acquired, but subject to the threat of extinction.
they will soon be acquired.
b. Potestative, casual and mixed

1. Potestative - A condition that depends upon the will of one of the contracting
parties.

a. Potestative on the part of the debtor

          1. If suspensive - The obligation is void. (Art. 1182) Even if the condition          is
fulfilled, the obligation is not demandable.

          (Ex. D is to give C P50,000.00 if D goes to Baguio.)

          2. If resolutory- The obligation is valid. (Ex. D is to allow the use of         his car by
C until D returns from Baguio.)

b. Potestative on the part of the creditor- The obligation is valid whether the
condition is suspensive or resolutory.

          Ex. (1) D is to give C P60,000.00 if C goes to Baguio. (2) D is to allow the use of his
car by C until C returns from Baguio.

2. Casual- A condition that depends upon chance or upon the will of a third person.
((Examples (1) Dis to give C P50,000.00 if D wins first prize in the lotto on the bet he
placed this morning. (2) D is to give C P50,000.00 if X goes to Baguio.]

3. Mixed - A condition that depends partly upon the will of one of the parties and
partly. Upon chance or upon the will of a third person.

(Example: D to give C P50,000.00 if C will marry X)

c. Possible and impossible

1. Possible-One that is capable of fulfillment in its nature and by law.

2. Impossible- One that is not capable of fulfillment in its nature or due to operation of


law, such as "if you can swim across the Pacific Ocean or "if you kill X" In this case, the
obligation and the condition are void. (Art.1183).
Note: If the condition is not to do an impossible thing. it shall be deemed as not

having been agreed upon. (Art. 1183) Thus, the obligation is Immediately demandable.
(Example: D is to give C P50,000.00 if C does not swim across the Pacific Ocean.)

d. Positive and negative

1. Positive -This Is a condition that some event happen at a determinate time. Here, the
obligation 15 extinguished as soon as the time expires or it has become indubitable that
the event will not take place. (Art. 1184)

Example: D is to give C P50,000.00 if C will marry X on or before June 30, 2015. The
obligation will be extinguished on July 1, 2015 if C has not yet married X as of June 30,
2015. If X dies on June 1, 2015 before C has married her, then the obligation is
extinguished on such date because there is no more doubt that the marriage will not
take place.

2. Negative- This is a condition that some event will not happen at a determinate time.
Here, the obligation becomes effective as soon as the time indicated has elapsed or it
has become evident that the event will not occur. (Art 1185)

Example: D is to give C P50,000.00 if C will not marry X on or before June 30, 2015. The
Obligation becomes effective on July 1, 2015 if C has not yet married X as of June 30,
2015. If X dies on June 1, 2015 before C has married her, then the obligation becomes
effective on such date because there is no more doubt that the marriage will not take
place.

e. Divisible and indivisible

1. Divisible-One that is capable of partial performance.

          Under Art. 1183, if the obligation is divisible, that part thereof which Is not
affected by the impossible or unlawful condition shall be valid.

Examples (a) D is to give C a car if C finishes his law course, and P1,000,000.00 if C tops
the Bar Examination. If D finishes his law course, he may demand the delivery of the car.
However, he may not demand the payment of P1,000,000.00 if he does not top the Bar.
(2) D is to give C a car if C finishes his law course and
P1,000,000.00 if C can get a copy of the test questions in the Bar Examination in
advance. Even if both conditions are fulfilled, C can only ask for the delivery of a car
from D because the second condition is unlawful.

2. Indivisible - One that is not capable of partial performance by its nature or by law or
agreement of the parties.

          Example: D is to give C a car if C finishes his law course and tops the Bar, C must
comply with both conditions before he can ask for the delivery of a car from D.

Effect of fulfillment of suspensive condition (Art. 1187)

General rule: The effect of the fulfillment of the suspensive on condition retroacts to the
day of the constitution of the obligation.

Exceptions: There shall be no retroactive effect with respect to the fruits and interests as
follows.

1. In reciprocal obligations, the fruits and interests shall be deemed to have been
mutually compensated, i.e., each party shall keep the fruits and interest received by him
prior to the fulfillment of the condition.

          Example: On May 1, 2011, S agreed to sell his land to B and B agreed to pay the
price of P50,000.00 if X finishes his law degree on March 15, 2015. X finished his law
degree as stipulated. It was as if S was entitled to the price and B to the land beginning
on May 1, 2011. However, S shall keep the fruits on the land and B the interest on the
price during the pendency of the condition

2. In unilateral obligations, the debtor keeps the fruits and interests received before the
fulfillment of the condition.

          Example.: On May 1, 2012, S promised to give B his land if B passed the Bar
Examination in February 2015. B passed the Bar Examination as stipulated It was as if B
was entitled to the land beginning on May 1, 2012. However. S will

keep the fruits on the land during the pendency of the condition.

Rights of the parties before the fulfillment of the condition (Art.1188)

1. Creditor- He may bring the appropriate actions for the preservation of his right, such
as registering his claim with the Register of Deeds, if appropriate, to notify all third
persons, or asking the debtor to provide a security if the debtor is about to become
insolvent.

2. Debtor- He may recover what he has paid by mistake.

Effect when the debtor voluntarily prevents fulfillment of the condition

          The condition is deemed fulfilled if the debtor voluntarily prevents its fulfillment
(Art 1186), hence, the obligation becomes immediately demandable. Here, there must
be an intent on part or the debtor to prevent compliance with the condition and actually
prevents its fulfilment.

          Example: D promised to give P10,000.00 to C, a marathon athlete, if C finishes the


race during the athletic meet. However, on the eve of the scheduled race, D put a
substance on the drink of C who experienced weakening after taking the drink, and
hence, was not able to join the race. Here, D must give P10,000.00 to C since the
condition is deemed fulfilled.

Rules in case of loss, deterioration or improvement of determinate thing before


the fulfillment of the suspensive condition (Art. 1189)

1. Loss of the thing

a. Without debtor's fault-Obligation is extinguished.

b. With debtor's fault- Debtor is obliged to pay damages.

Concept of loss

          A thing is considered lost when it perishes, or goes out of commerce or


disappears in such a way that its existence is unknown or it cannot be recovered.

          Example: D is obliged to give C a specific house if C passes the Bar Examination. If
the house is destroyed in fire without the fault of D before C passes the Bar Examination,
D's obligation is extinguished even if C, thereafter, passes the Bar Examination. But if the
house is destroyed through the fault of D such as when he placed Inside the house
highly flammable chemicals which caused the fire, then D shall be obliged to pay
damages should C pass the Bar Examination.

2. Deterioration of the thing


a. Without debtor's fault- The impairment shall be borne by-the creditor, i.e., no liability
on the part or the debtor to pay damages.

b. With debtor's fault- The creditor may choose between

          1) Rescission, plus damages, and.

          2) Fulfillment, plus damages.

          Example: D is obliged to give a specific car to C if C finishes his economics degree.
The deterioration of the car due to wear and tear before C finishes his economics
degree will be borne by C when C later finishes the said degree. However, if the car is
damaged in an accident due to D's fault, C, when he finishes his economics degree may
rescind the contract and ask for damages, or ask D to deliver the car in its deteriorated
condition plus damages.

3. Improvement of the thing

a. By nature or by time- The improvement shall inure to the benefit of the creditor.

          Example: Dis obliged to give his violin to C if C finishes his course in music. If the
quality or the tone produced by the violin had improved between the time that D's
obligation was constituted and the completion by C of his course in music, then such
improvement shall inure to the benefit of C.

b. At the expense of the debtor- The debtor will have the rights granted to a
usufructuary, e., he can have enjoyment of the use of the improved thing and its fruits.
He may remove the improvement if no damage is caused to the principal thing. If the
improvement cannot be removed without causing damage to the principal thing, the
thing and the improvement shall be delivered to the creditor without any right on the
part of the debtor to indemnity. He may, however, set off the improvements against any
damage to the thing (Arts. 579 and 580)

          Example: D ss obliged to give his only car to C if C finishes his economics degree.
Before C finished the said degree, D had the car repainted. In this case, D can continue
using the car in its improved condition. Upon the completion by C of his economics
degree, D cannot remove the paint because it will cause damage to the car. However, it
he had caused a dent on the car due to his fault, he may set off the cost of repainting
against the cost of damage brought by such dent.

Rule in case of fulfilment of resolutory condition (Art. 1190)


1. Upon the fulfillment of the resolutory condition, the obligation is extinguished.

2. The parties shall return to each other what they have received.

3. In case of loss, deterioration or improvement of the thing, the provisions in the above
rule (Art. 1189), which pertain to the debtor shall be applied to the party who is bound
to return.

Reciprocal obligation- one that arises from the same cause and in which each party is
a debtor and a creditor of the other, such that the obligation of one is dependent upon
the obligation of the other. (Goldloop Properties, Inc. vs. Government Service Insurance
System, G.R. No. 171076, August 1, 2012).  Reciprocal obligations are to be performed
simultaneously so that the performance of one is conditioned upon the Simultaneous
fulfillment of the other. (Jalandoni vs. Cabalum Commercial School, 61216-R, July 15,
1980)

          Examples: S sold his Toyota car to B for P200,000.00. The delivery of the car by S is
dependent upon the payment of the price by B.

Remedies of the injured party in reciprocal obligation

1. Rescission with damages

2. Fulfillment of the obligation with damages

          The above remedies may be availed of by the injured party in the alternative. He
cannot ask for both. (Verceluz vs. Edano, 44 Phil 801) If he has chosen rescission of the
obligation, he can no longer ask for fulfillment. However, he may also seek rescission,
even after he has chosen fulfillment, if the latter becomes impossible.

“Rescission” in Article 1191 “Rescission” in Article 1381


The rescission is a principal action which seeks The action is a subsidiary one limited to cases
the resolution or cancellation of the contract. of rescission for lesion as enumerated in said
article.
The prescriptive period applicable to rescission The action to claim rescission must be
under Articles 1191 is found in Article 1144, commenced within four (4) years. (Art. 1389)
which provides that the action upon a written
contract should be brought within ten years
from the time the right of action accrues.
Obligation with a Period

Obligation with a period, concept


          An obligation with a period is one whose demandability or extinguishment is
subjected to the expiration of the term which must necessarily come. In other words,
there is a day certain when the obligation will arise or cease.

          Examples: (1) D is obliged to give his car to C on May 1, 2015. On May 1, 2015, the
obligation becomes demandable by reason of the expiration of the term or period. The
period here is one with a suspensive effect or ex die. (2) On January 1, 2015, D allowed
to C use his car but until May 1, 2015. The obligation is demandable on January 1, 2015
but on May 1, 2015, D's obligation to let C use his car is extinguished by reason of the
expiration of the term. The period here is one with a resolutory effect or in diem. C must
therefore return the car.

Concept of period and day certain

          Period is a space of time which determines the effectivity or extinguishment of an


obligation. Thus, the space of time between January 1, 2015 and January 1, 2016 is a
period the lapse of which will cause an obligation to arise or cease.

          A day certain is that which must necessarily come although it may not be known
when. (Art. 1193) An example is the death of a person which will necessarily come. Thus,
if the obligation of D is to give C P10,000.00 when X dies, the obligation is one with a
period.

Period distinguished from condition

1. As to fulfilment-

          A condition is an event that may or may not happen, a period is an event that
must necessarily come, at a date known beforehand, or at a time that cannot be
determined.

2. As to time-

          A condition may refer to the future or to a past event unknown to the parties, a
period always refers to the future

3. As to influence on the obligation-

          A condition causes an obligation to arise or to cease, a period merely fixes the
time for the efficaciousness of an obligation. (8 Manresa 153, 154)

4. As to the will of the debtor


          A period that depends upon the will of the debtor authorizes the court to fix its
duration. (Art 1197, par. 2), while a condition that depends upon the will of the debtor
which is suspensive shall annul the obligation. (Art. 1182).

Kinds of period

1. Ex die- This is a period with a suspensive effect Here, the obligation becomes
demandable upon the lapse or the period. (Art. 1193)

2. In diem- This Is a period with a resolutory effect. Here, the obligation is demandable
at once but is extinguished upon the lapse of the period. (Art.1193)

Other kinds are:

1. Legal- A period that is fixed by law.

2. Voluntary- This is fixed by the parties.

3. Judicial- One that is fixed by the court.

Problem

"I will pay you my debt when my means permit me to do so. Is this an obligation with a
period or with a condition?

          Answer: This is an obligation with a period. Here, the remedy of the creditor is to
ask the court to fix the period. (Art. 1180, 1197) Once the court has fixed the period, it
may no longer change it as it becomes a part of the agreement by the parties.

Presumption as to who has the benefit of the period

          Whenever a period is designated in an obligation, it shall be presumed to have


been established for the benefit of both the creditor and the debtor, unless from the
tenor of the obligation or other circumstances, it should appear that it has been
established for the benefit of only one of the parties. (Art. 1196).

          Therefore, the debtor cannot be compelled to perform, and the creditor cannot
be compelled to accept performance, before the term expires.

          Example: D borrowed P10,000.00 from C on January 1, 2015. The loan bears
interest at 10% per annum with both principal and interest being due on December 31,
2015. Before December 31, 2015, cannot compel D to pay and deprive him of the use of
the money until the said date. Neither may D compel C to accept payment before
December 31, 2015 and deprive C of the interest for remaining term.

Period is for the benefit of one of the parties

1. For the benefit of the debtor- He cannot be compelled to perform his obligation
before the expiration or the term, but he may choose to perform before such expiration
at his option.

          Example: D is obliged to pay C P10,000.00 on or before December 31, 2015. D


cannot be compelled to pay before December 31, 2015. However, he may choose to pay
at any time before December 31, 2015 or on December 31, 2015 at his option.

2. For the benefit of the creditor- He cannot be compelled to accept performance


before expiration or the term, but he may choose to demand performance before such
expiration at his option.

          Example: On November 1, 2014, D borrowed from C P10,000.00 "collectible” on or


before June 30, 2015. C may demand payment on June 30, 2015 or at any time before
the said date. However, D cannot compel him to accept the payment at any time before
June 30, 2015.

When debtor loses his right to make use of the period if it is for his benefit; (Art.
1198), i.e., the creditor may demand immediate payment

1.When he becomes insolvent, unless he gives a guaranty or security for the debt.

2. When he fails to furnish the guaranties or securities that he has promised.

         

          Example: D borrowed P20,000.00 from C promising to pledge his ring to C to


secure the debt within one month. C gave D one year to pay the loan. D, however, failed
to pledge his ring within the period agreed upon. In this case, C can demand immediate
payment even before the agreed due date thereof.

3. When he impairs the said guaranties or securities by his own acts, or when through a
fortuitous event they disappear, unless he gives new ones equally satisfactory.

          Example: D obtained a loan from C, the same being secured by a chattel
mortgage on D's car. The loan is payable within one year. On the seventh month, the car
was razed by fire. C can demand immediate payment unless D gives another security
that is equally satisfactory This is true even if the cause of the loss or impairment was
not due to the fault of D.

4. When he violates any undertaking in consideration of which the creditor agreed to


the period.

          Example: C granted a loan of P50,000.00 to D giving D one year to pay provided D
did not engage in any gambling until he has paid the debt. If D enters a casino to play in
the slot machine, say after one month, C can already demand immediate payment.

5. When he attempts to abscond.

          Thus, it the debtor has been disposing all his property with an attempt to leave his
place of business or residence to escape his creditors, such creditors can demand
immediate payment of his debts although their maturity date is not yet due.

CONDITION and TERM or PERIOD DISTINGUISHED

Condition Term or Period


In general
A condition refers to an event A term or period refers to an interval of time
As to requisites
A condition has for its requisites futurity and A term or period has for its requisites futurity
uncertainty and certainty
As to fulfillment
A condition may or may not happen A term or period will surely come to pass,
although it may not be known when
As to influence upon obligation
A condition exerts an influence upon the very A term or period exerts an influence only upon
existence of the obligation itself it demandability
As to retroactivity of effects
A condition has retroactive effects A term or period does not have retroactive
effects unless there is an agreement to the
contrary
As to effect of will of debtor
When a condition is left exclusively to the will When the duration of a term or period is left
of the debtor, the very validity of the obligation exclusively to the will of the debtor, the
is affected obligation is still valid
A condition must be possible, otherwise, the A term or period must be possible, otherwise,
obligation is void. the obligation is void.
   
 
 

Alternative Obligations and Facultative Obligations

Kinds of obligations according to the number of prestations

1. Simple- One where there is only one prestation.

2. Compound-One when there are several prestations. This may be:

          a. Conjunctive- Here, several prestations are due but all must be performed.

          Example: D is to give C a specific ring, a specific watch and a specific bracelet to C.
D must deliver all the items to C.

          b. Distributive or disjunctive- This may either be alternative or facultative.

Alternative obligation- one where several prestations area due but the complete
performance of one of them is sufficient to extinguish the obligation. (Art. 1199)

          Example D is obliged to give a specific ring, a specific watch or a specific bracelet
to C. The delivery of any of the three articles will extinguish the obligation.

Right to choose prestation

The right of choice belongs to the debtor, unless it has been expressly given to the
creditor. (Art. 1199)

Limitation on debtor's right to choose

1. The debtor must completely perform the prestation chosen. He cannot compel the
creditor to receive part of one and part of another undertaking. (Art. 1199)

2. He cannot choose those prestations which are impossible, unlawful or which could
not have been the object of the obligation. (Art. 1199).

When obligation ceases to be alternative and becomes a simple obligation.

1. When the debtor has communicated his choice to the creditor. (Art. 1201)
2. When among the prestations whereby the debtor is alternatively bound, only one is
practicable. (Art. 1202)

3. When the creditor has communicated his choice to the debtor, if the creditor has
been expressly given the right of choice. (Art. 1205)

Rules in case of loss of things or impossibility of services which are alternatively


the object of the obligation.

1. When right of choice is with the debtor (Art .1204)

a. If only one or some are lost through a fortuitous event or through the debtor's fault,
the debtor may deliver any of the remainder, or that which remains if only one subsists.

b. If all are lost through a fortuitous event, the obligation is extinguished (based on the
rule that no person shall be responsible for fortuitous event).

c. If all are lost through the debtor's fault, the debtor shall pay the value of the last thing
that was lost plus damages.

Examples:

D Is to give C a specific ring, a specific bracelet or a specific wristwatch. The obligation is


silent as to who will choose the item to be delivered. Therefore, the right of choice
belongs to D.

a. If the ring is lost through a fortuitous event, D may deliver the bracelet or the
wristwatch. The same rule apples it the ring is lost through the fault of D. In the

case of the latter, D shall have no liability for damages because he can still perform his
obligation by choosing to deliver the bracelet or the wristwatch.

b. If the ring and the bracelet are lost through a fortuitous event or through D's fault,
the obligation is converted into a simple obligation to deliver the wristwatch. There no
ability for damages on the part of D even if the loss is due to his fault because he can
still perform his obligation. It was as if D chose to deliver the wristwatch.

c. If all things are lost due to a fortuitous event, D’s obligation is extinguished.

d. If the ring and the bracelet are lost through a fortuitous event, the obligation
becomes a simple obligation to deliver the wristwatch. It the wristwatch is thereafter lost
due to the fault of D, D shall pay damages.
e. If the ring, the bracelet and the wristwatch are lost one after the other due to D's fault,
D shall pay the value of the wristwatch, the last item that was lost, plus damages.

f. If the ring and the bracelet are lost through D's fault, the obligation becomes a simple
obligation to deliver the wristwatch. If the wristwatch is thereafter lost through a
fortuitous event, D's obligation is extinguished.

2. When right of choice is expressly granted to the creditor (Art.1205)

a. If only one or some are lost through a fortuitous event, the debtor shall deliver that
which the creditor should choose among the remainder, or that which remains if only
one Subsists.

b. If all are lost through a fortuitous event, the obligation

shall be extinguished.

c. If only one or some are lost through the debtor's fault the creditor may claim any or
those subsisting, or the price of those which were lost through the debtor’s fault plus
damages.

d. If all are lost through the debtor’s fault, the creditor may claim the price of any of
them plus damages.

Examples:

D is to give C a specific ring, a specific bracelet or a specific wristwatch. The parties


agreed that shall have the right of choice.

a. If the ring is lost through a fortuitous event, D shall deliver either the bracelet or the
wristwatch at the choice of C.

b. If all are lost through a fortuitous event, D’s obligation is extinguished.

c. If the ring and the bracelet are lost through a fortuitous event, D shall deliver the
wristwatch which is the remaining item. The obligation becomes a simple obligation to
deliver the wristwatch. If the wristwatch is thereafter lost due to D's fault, D shall pay
damages.

d. If the ring and the bracelet are lost due to D's fault, the obligation does not become a
simple obligation to deliver the wristwatch. C can still choose from the payment of the
price of the ring or the bracelet with damages, or the delivery of the wristwatch.
e. If all are lost due to the fault of D, C may claim the price of any of them plus damages.

Facultative obligation- an obligation where only one prestation is due but the debtor
may render another in substitution.

          Example: D is obliged to give a specific ring to C with the agreement that D may
deliver a specific watch as a substitute.

Rules in case of loss of principal thing and substitute.

1. Before substitution (i.e., before the debtor has informed the creditor of the
substitution)

          a. Principal thing

                   1.) If lost due to fortuitous event, the obligation is extinguished.

                   2.) if lost due to the debtor’s fault, debtor shall pay damages.

          b. Substitute

                   The loss or the substitute whether through a fortuitous event or through the
debtor’s fault imposes no additional obligation on the debtor because it is not yet due.
The debtor has still to deliver the principal thing.

2. After substitution

          a. Principal thing

                   The loss of the principal ting whether through a fortuitous event or through
the debtor’s fault imposes no additional obligation on the debtor because the thing due
is already the substitute. After the substitution has been communicated, the thing due is
the substitute. The obligation also ceases to be a facultative obligation and becomes a
simple obligation.

          b. Substitute

                   1.) If lost through a fortuitous event, the obligation is extinguished.

                   2.) If lost through the debtor’s fault, the debtor shall pay damages.

 
Alternative obligation and facultative obligation, distinguished

Alternative Obligation Facultative Obligation


As to object due
In alternative obligations several objects are In facultative obligations only one object is due.
due
As to compliance
Alternative obligations may be complied with Facultative obligations may be complied with
by the delivery of one of the objects or by the the delivery of another object or the
performance of one of the prestations which are performance of another prestation in
alternatively. substitution of that which is due.
As to the right of choice
In alternative obligations, the right of choice In facultative obligations, the right of choice
may pertain even to the creditor or to a third pertains only to the debtor.
person.
As to effect of fortuitous loss
In alternative obligations, the loss or In facultative obligations, loss or impossibility
impossibility of all of the objects or prestations of the object or prestation which is due without
which are due without any fault of the debtor is any fault of the debtor is sufficient to extinguish
necessary to extinguish the obligation. the obligation.
As to effect culpable loss
In alternative obligations, the culpable loss of In facultative obligations, the culpable loss of
any objects which are alternatively due before the object which the debtor may deliver in
the choice is made may give rise to a liability substitution before the substitution is effected
on the part of the debtor. does not give rise to any liability on the part of
such debtor.
The nullity of one of the objects does not The nullity of the principal object invalidates
invalidate the obligation which is still in force the obligation, even if the substitute object is
with respect to those which have no defect. valid.
The impossibility of all the objects due without The impossibility of the principal object is
the fault of the debtor extinguishes the sufficient to extinguish the obligation, even if
obligation. the substitute object is possible.