What is a facultative obligation example?

A facultative obligation is one where only one prestation has been agreed upon but the obligor may render another in substitution. Examples: (1) I will give you my piano but I may give my television set as a substitute. In this obligation, only the piano is due.

What is the difference between alternative and facultative obligation?

A S TO OBJECTS DUE – In facultative obligations only one object is due, whereas in alternative obligations several objects are due; B. W HAT IS THE RULE IF THE OBLIGATION IS ALTERNATIVE ? A person alternatively bound by different prestations shall completely perform one of them.

What are the characteristics of facultative obligation?

The facultative obligation is an obligation having a defined subject of execution and characterized by the fact that its contents are complicated with the right of the debtor to make a replacement of the chief subject of the obligation.

What is a conjunctive obligation?

Conjunctive means joined together or combined. For example, a conjunctive obligation refers to an obligation composed of multiple performances that can be separately rendered or enforced. It is an obligation in which several objects are connected by ‘and ‘and not ‘or.

What are the kinds of obligation?

Different Kinds of Obligation (Primary) (Section 1: Pure and Conditional…

Section 1: Pure and Conditional Obligation.
Section 6: Obligation with a Penal Clause.
Section 2: Obligations with a Period.
Section 3: Alternative Obligation.
Section 4: Joint and Solidary Obligations.
Section 5: Divisible and Indivisible Obligation.

What is alternative obligation and example?

For example, A agrees to give B, upon a sufficient consideration, a horse, or one hundred dollars. Usually, when an obligation is alternative, the choice of the item of performance belongs to the obligor unless it has been expressly or impliedly granted to the oblige.

What are alternative obligations?

An obligation is alternative when two things are equally due, under an alternative. Usually, when an obligation is alternative, the choice of the item of performance belongs to the obligor unless it has been expressly or impliedly granted to the oblige. …

What is facultative compensation?

Legal compensation – when it takes place by operation of law even without the knowledge of the parties. 3. Facultative compensation – when it can be set up only by one of the parties. 1278, there is compensation when two persons are creditors and debtors of each other.

What is Potestative obligation?

A potestative condition is a condition, the fulfillment of which depends upon the sole will of the debtor, in which case, the conditional obligation is void. For this reason, it is considered void.

Which is an example of a facultative obligation?

In such type of obligations there is no alternative provided. The debtor is given the right to substitute the thing due with another that is not due. The following is an example of a case law (Louisiana) differentiating between Facultative obligation and Alternative Obligation:

Can a creditor be compelled to perform a facultative obligation?

FACULTATIVE OBLIGATION person alternatively bound by different prestations shall completely perform one of them. The creditor cannot be compelled to receive part of one and part of the other undertaking. (1131) Ang taong kahaliling mananagot sa ibat-ibang kabayaran o pananagutan ay kailangan kumpletong isagawa ang isa sa kanila.

Which is the best definition of an alternative obligation?

1.Simple Obligation – there is only one object 2.Compound Obligation – two or more prestations, it may be: Alternative Obligation – debtor is alternatively bound with various prestations that are due but the performance of one of them is sufficient to extinguish the obligation.

What does distributive obligation 2.2 mean?

2.2 Distributive Obligation – two or more of the prestations is due Facultative Obligation – debtor is bound to perform one prestation is due to deliver one thing with a reserved right to choose another prestation or thing as substitute for the principal. [ill.