GENERAL RULE: The right to take belongs to the debtor/ obligor Except: When the right has been expressly granted to the creditor Right of pick of debitor non absolute. Restriction ON THE DEBTOR’S CHOICE ( 1 ) The debitor can non take those prestations which are ( a ) impossible. ( B ) unlawful. or ( degree Celsius ) which could non hold been the object of the duty. ( 2 ) Merely one prestation is operable ( 3 ) The debitor can non take portion of one prestation and portion of another prestation. ( Art 1199 ) Communication of notice that pick has been made * The debitor must take and pass on his pick to the creditor.

* The alternate duty will be converted into a simple duty * The cogent evidence and signifier of notice may be made by orally or in composing. expressly or implied. Effect when merely one is operable * The debitor loses his right of pick when merely one alternate prestation is operable of public presentation. When debitor may revoke contract * If the debitor could non do a pick due to the creditor’s act of doing prestations impossible. debitor may Revoke the contract with amendss. Recission creates the duty to return the things which were the object of the contact together with their fruits. and the monetary value with its involvement.

* If the debitor is being prevented to take merely a peculiar prestation. and there are other available. he is free to take from them. after advising the creditor of his determination The effects of loss or impossibleness of the alternate prestation BEFORE the right of pick is exercised. * Once the debitor has communicated his pick of alternate prestation to be performed to the creditor. the duty becomes simple * If the chosen option is lost without the mistake of the debitor. the duty will be extinguished.

* If the chosen option is lost due to the mistake of the debitor. the duty will be converted into pecuniary consideration in the signifier of amendss. * Effect if one or some of the alternate prestations in the alternate duty are lost BEFORE the debitor has communicated his pick to creditor * The effect will truly depend upon whether the right of pick was given to the debitor or to the creditor. A. When the right of pick belongs to the DEBTOR * If the loss is due to FORTUITOUS EVENT a ) If all alternate prestation are lost. the alternate duty extinguished.

( Article 1174 ) B ) If two or more alternate prestations remain. the debitor can still exert his right of pick and choose from any staying alternate prestation ( Article 1200 ) degree Celsius ) If merely one of options remain. there is no more alternate duty but merely a simple duty. * If loss is due to DEBTOR’s FAULT a ) If all the alternate prestation are lost. the alternate duty is converted into pecuniary consideration as insurance for amendss. The footing for the calculation of the sum to be paid by the debitor will be the value of the last thing or service lost plus amendss.

B ) If two or more of alternate prestation remain. the debitor can still exert his right of pick and choose from any of the staying options ( ART 1200 ) degree Celsius ) If merely one options remain. there is no more alternate duty but merely simple duty. B. When the right of pick belongs to the CREDITOR * If the loss is due to a FORTUITOUS EVENT The consequence s are the same as where the right of pick belongs to debtor * If the loss is due to DEBTOR’S FAULT a. If all the alternate prestations are lost. the alternate duty is converted into pecuniary consideration as insurance for amendss.

The footing for the calculation of the sum to be paid by the debitor will be the value of any of object chosen by the creditor ( because he is given the right of pick ) plus amendss. B. If two or more prestations remain. the duty is still alternate. The creditor has the option to either: B. 1 choose from among the staying options b. 2 chose the lost object. The debitor will be so apt for the value of lost object chosen by the creditor plus the amendss. FACULTATIVE OBLIGATION.

* is one where merely one prestation has been agreed upon but the obligor may render another in permutation * The right of pick belongs merely to the DEBTOR * Once the permutation is made. the duty is converted into a simple one to present or execute the substituted prestation. * The permutation besides becomes effectual merely from the clip the debitor communicates to creditor his pick to execute the substituted prestation. Alternative and Faculative Obligations Distinguised The differences are as follows: 1 ) Number of prestations Alternative- several prestation are due but conformity with one is sufficient.

Faculative- merely one prestation is due although the debitor is allowed to replace 2 ) Right of pick Alternative- the right of pick may given to creditor or 3rd individual Faculative- the right to do permutation is given merely to the debitor 3 ) Loss through a causeless event Alternative- the loss of one or more through a causeless event does non snuff out the duty Faculative- the loss of the thing due extinguishes the duty 4 ) Loss through mistake of debitor a ) Alternative- the loss of one through the mistake of debitor does non render him apt.

Faculative- the loss of the thing due through his mistake makes him apt B ) Alternative- where the pick belongs to the creditor. the loss of one option through the mistake of the debitor gives rise to liability. Faculative- the loss of the replacement before permutation through the mistake of the debitor does non render him apt. Effect on loss of the thing in Facultative Obligation BEFORE SUBSTITUTION * The debitor is non apt if the replacement prestation is lost whether due to his mistake or to a causeless event. * If the original prestation is lost by virtuousness of a causeless event. the duty is extinguished.

AFTER SUBSTITUTION * The debitor is non apt if the original prestation is lost whether due to his mistake or to a causeless event. * If the replacement is lost. the liability of the debitor depends upon whether or non the loss is due to his mistake. FACULTATIVE OBLIGATION * is one where merely one prestation has been agreed upon but the obligor may render another in permutation * The right of pick belongs merely to the DEBTOR * Once the permutation is made. the duty is converted into a simple one to present or execute the substituted prestation.

* The permutation besides becomes effectual merely from the clip the debitor communicates to creditor his pick to execute the substituted prestation. Alternative and Faculative Obligations Distinguised The differences are as follows: 5 ) Number of prestations Alternative- several prestation are due but conformity with one is sufficient. Faculative- merely one prestation is due although the debitor is allowed to replace 6 ) Right of pick Alternative- the right of pick may given to creditor or 3rd individual Faculative- the right to do permutation is given merely to the debitor 7 ) Loss through a causeless event.

Alternative- the loss of one or more through a causeless event does non snuff out the duty Faculative- the loss of the thing due extinguishes the duty 8 ) Loss through mistake of debitor degree Celsius ) Alternative- the loss of one through the mistake of debitor does non render him apt Faculative- the loss of the thing due through his mistake makes him apt vitamin D ) Alternative- where the pick belongs to the creditor. the loss of one option through the mistake of the debitor gives rise to liability. Faculative- the loss of the replacement before permutation through the mistake of the debitor does non render him apt.

Consequence on loss of the thing in Facultative Obligation BEFORE SUBSTITUTION * The debitor is non apt if the replacement prestation is lost whether due to his mistake or to a causeless event. * If the original prestation is lost by virtuousness of a causeless event. the duty is extinguished. AFTER SUBSTITUTION * The debitor is non apt if the original prestation is lost whether due to his mistake or to a causeless event. * If the replacement is lost. the liability of the debitor depends upon whether or non the loss is due to his mistake.