Page 24 - Obligations & Contracts Module 1-2

B. The Choice Is With Creditor

(1) if one or some are lost due to fortuitous event, the creditor chooses the

remainder prestation

(2) if one or some is lost because of the fault of debtor, the creditor may choose

either the remainder or the value of any which disappeared, and damages

in either case

(3) if all is lost due to the debtor's fault, the creditor may choose the value of

any if some is lost due to debtor's fault, the creditor chooses the remainder

(4) if all is lost due to fortuitous event, obligation is extinguished

(5) if all is lost due to creditor's fault, the obligation is extinguished

Requisites for making the choice:

a) Made properly so that creditor or his agent will actually know

b) Made with full knowledge that a selection is indeed being made

c) Made voluntarily and freely

d) Made in due time – before or upon maturity

e) Made to all proper persons

f) Made w/o conditions unless agreed by the creditor

g) May be waived, expressly or impliedly