Page 25 - Obligations & Contracts Module 1-2

Distinctions Between Alternative & Facultative Obligations

ALTERNATIVE FACULTATIVE

a) Various things are due but the giving
a) Only one thing is due but a substitute may be

principally of one is sufficient given to render payment/fulfillment easy
b) If one of prestation is illegal, others may be b) If principal obligations is void and there is no

valid but obligation remains necessity of giving the substitute; nullity of P

carries with it nullity of S

c) If it is impossible to give all except one, the c) If it is impossible to give the principal, the
last one must still be given substitute does not have to be given; if it is

impossible to give the substitute, the principal

must still be given

d) Right to choose may be given either to d) The right of choice is given only to the debtor

debtor or creditor

(6) Joint – presumption when 2 or more creditors or 2 or more debtors concur in

one and the same obligation

Effects:

a. Demand on one produces delay only with respect to the debt

b. Interruption in payment by one does not benefit or prejudice the other

c. Vices of one debtor to creditor has no effect on the others

d. Insolvency of one debtor does not affect other debtors