SECTION 3: Alternative & Facultative Obligation

Art. 1200

(Right of Choice):

• Belongs to Debtor by default, unless expressly given to creditor.

  • The debtor cannot choose prestations that are impossible, unlawful, or outside the object of obligation.

• Art. 1201

• (Communication of Choice):

  • Choice produces no legal effect until communicated to the other party.

    • Once the selection is validly communicated, the obligation ceases to be alternative and becomes a simple obligation.

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Art. 1204 & 1205

(Loss of Prestations):

• If choice is DEBTOR'S and all items lost by fault: Creditor gets indemnity based on value of the LAST item lost + damages.

  • If some (but not all) items are lost by debtor's fault, the debtor simply selects from the remaining practicable options.

• If choice is CREDITOR'S and item lost by debtor's fault: Creditor can choose price of ANY lost item + damages.

  • The creditor can choose any remaining item OR the monetary value of any lost item plus damages.

Art. 1206

(Facultative):

• Only one prestation is due, but debtor may render another in substitution. Loss of substitute before substitution does not make debtor liable.

  • Once substitution is formally made and communicated, loss of the substitute due to debtor's fault makes the debtor liable for damages.