What does alternative obligation mean?
Table of Contents
- 1 What does alternative obligation mean?
- 2 What is alternative and facultative obligation?
- 3 What is alternative condition?
- 4 What is the meaning of prestation?
- 5 What is facultative obligation Philippines?
- 6 What are the effect of loss of object of alternative obligations?
- 7 What is an alternative obligation under Section 3?
- 8 What is an example of an alternative obligation in Louisiana?
What does alternative obligation mean?
Alternative Obligation- is one where the debtor is alternatively bound by different prestations but the complete performance of one of them is sufficient to extinguish the obligation. The delivery of one is enough to extinguish the obligation. Creditor cannot be Compelled to Receive Parts of the Different Prestations.
What is alternative obligation and example?
ALTERNATIVE OBLIGATION An obligation where several prestations are due, BUT the performance of one is sufficient. Debtor/obligor has the right of election (choice); election may also be granted to the creditor/obligee. The loss of one of the things does NOT extinguish the obligation.
What is alternative and facultative obligation?
Facultative obligation refers to a type of obligation where one thing is due, but another is paid in its place. 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.
What is the general rule of an alternative obligation?
– ALTERNATIVE OBLIGATIONS An alternative obligation is one wherein various prestations are due but the performance of one of them is sufficient as determined by the choice, which, as a general rule, belongs to the debtor. Right of choice, as a rule, given to debtor.
What is alternative condition?
The alternative condition base value is a formula assigned to a condition type in order to promote an alternative base value for the calculation of a value. ALTERNATIVE CALCULATION TYPE will determine the CONDITION VALUE using a Routine rather than the FROM & TO columns in the PRICING PROCEDURE.
Who has a right of choice in alternative obligations?
As a general rule, the right to choose the prestation belongs to the debtor[1] except if it is expressly granted to the creditor or it is expressly granted to a third person.
What is the meaning of prestation?
Definition of prestation 1 feudal law : a rent, tax, or due paid in kind or in services (as in return for the lord’s warrant or authority for taking wood) 2 civil law : a performance of something due upon an obligation.
What is facultative obligation?
A facultative obligation refers to only one prestation agreed upon, but the obligor may render another in substitution. For example, I will give you my phone but I may give you my laptop as a substitute. In this obligation, only the phone is due, Hence, the lost of the laptop will not render the obligor liable.
What is facultative obligation Philippines?
When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called facultative.
Who has the right of choice in an alternative obligation?
What are the effect of loss of object of alternative obligations?
Effect of loss. (1) Before substitution. — If the principal thing is lost through a fortuitous event, the obligation is extinguished; otherwise, the debtor is liable for damages. The loss of the thing intended as a substitute with or without the fault of the debtor does not render him liable.
What is alternate condition base value in SAP?
The alternative condition base value is a formula assigned to a condition type in order to promote an alternative base value for the calculation of a value. Alternative formula to the formula in the standard system that determines a condition.
What is an alternative obligation under Section 3?
SECTION 3. – ALTERNATIVE OBLIGATIONS. An alternative obligation is one wherein various prestations are due but the performance of one of them is sufficient as determined by the choice, which, as a general rule, belongs to the debtor.
How does an obligation with a term differ from an alternative?
In what way does an obligation with a term differ from an alternative obligation with reference to benefit? ANS.: In an obligation with a term, the general rule is that the term is for the benefit of both the debtor and the creditor. In an alternative obligation, however, the general rule is that the debtor has the right of choice.
What is an example of an alternative obligation in Louisiana?
The following is an example of a case law ( Louisiana) on Alternative Obligation: An obligation is alternative when an obligor is bound to render only one of two or more items of performance. La Civ. Code Ann. art. 1809.
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.