How Much Do You Really Know About Alternative and Facultative Obligations?
ORIGIN:
"Law is imperfect justice,
but when you teach about law, it has to be perfect." That quote is from
the series Law School. That statement is absolutely correct and also what
sparked this blog post to be written. Knowing the law is an important matter
which is why we here at Explore Your Options seek to broaden your knowledge on
this precise endeavor.
Did you know that In People v
Mateo in 2004, the Supreme Court said that 71.77% of death penalty verdicts
handed by lower courts were wrong? People who lack legal literacy are unable to
know what they can or cannot do. Because of this, people have a hard time
avoiding legal troubles. And what they need to do if they do get into trouble.
But with the help of eye-catching visuals and factual information, our blog
aims to educate people about the fundamentals of common law as a remedy to this
circumstance. Specifically about the alternative and facultative obligations.
COMPARISON:
Article 1199 of the civil code states
that, "A person alternatively bound by different prestations shall
completely perform one of them." Under the civil code, three prestations
have been mentioned above. They were mainly to give, to do, or not to do. For
alternative obligations, the debtor has the right to choose among the
prestations that they are legally bound to. The complete performance of one of
those will be sufficient to free them from their obligation. On the other hand,
article 1206 states that, when only one prestation has been agreed upon, but
the obligor may render another in substitution, the obligation is called
facultative. If the principal obligation becomes too burdensome, the obligor
may propose a substitute.
EXAMPLES:
Alternative Obligation Example:
Butcher is obliged to give Ryan either a car, 300,000 Pesos, or a specific
ring. All of which are worth 300,000 Pesos. The debtor has multiple choices
obligated to them and can freely choose which prestation they must fulfill.
Facultative Obligation Example:
Ryan is obliged to give a car. Instead of
the car, he can undertake another prestation like the painting of a mural that
has the same value as the said car. The debtor has to first propose this
substitution and if the creditor accepts the offer, then the principal
obligation will be gone and the substitute will be the one that is due and
demandable.
CONCLUSION:
Imagine this, you open up Netflix to find
something to watch but instead of choosing between two shows, you've got
multiple options of obligations to fulfill. That's an alternative obligation
for you. Here's another scenario. You want to watch the show Dark but it has
some complicated concepts and you just want to watch something more light and
not think too much. So you watch Stranger Things instead as a substitute. It
has a similar vibe to a science fiction mystery thriller but still has a
light-hearted comedy and coming-of-age vibe. The second scenario is an example
of a facultative obligation. I'll leave you with this quote from Dwight
Eisenhower. "The clearest way to show what the rule of law means to us in
everyday life is to recall what has happened when there is no rule of
law." It's easier to play a game if you know the rules so we should be
equipped with the knowledge about our law.
Click this link and watch my video presentation to learn more about this topic:
SUMMARY:
This blog post contains an
infographic post about the alternative and facultative obligations, the
definition and comparison between the two, and some examples. And a video
recording of me explaining this whole thing which has a more in-depth and
detailed approach. And lastly, the PowerPoint presentation contains all the
information that was discussed in the video.
Hi gab, i love your blog! You can add social media buttons for easy sharing of your content.
ReplyDeleteThank you for the suggestion!
DeleteLearning Obligations and Contracts has been a challenging task for me. What study habits do you recommend trying?
ReplyDeleteI suggest for you to try spaced repetition and active recall because Law Subjects require a lot of memorization
DeleteHi, Gab! Your blog is so informative and insightful. Your explanation is very clear and easy to understand. Love how you're using your platform to educate people about important legal concepts. 🙌🏻 Out of curiosity, which example of these obligations did you find the most intriguing or relatable?
ReplyDeleteThe analogy that I gave in my conclusion is a great example that explains what these two obligations are in a nutshell. The Netflix scenario was very relatable so you can easily apply the concept of the obligations to real life.
DeleteGood evening, Gab! Content wise, very educational. I do have a comment about the formatting of the text, it has a very distracting highlight. I would recommend removing it.
ReplyDeleteI got it fixed thanks for the heads up! I changed my template from dark mode to light so it left a white shading
DeleteThis Blog made me learn more about Obligations and Contract, THANK YOU SO MUCH! Great Content!
ReplyDeleteHi Gab! love your Content, love the summary and everything but please do change the Theme of your blog its too plain
ReplyDeleteI was trying to go for a minimalist aesthetic so that the attention of my readers is on what I wrote only because I believe that getting my information across is the priority of my blog post
DeleteYour explanation was so informative and detailed! I'm really interested in diving deeper into this topic. Do you have any book recommendations?
ReplyDeleteThe book of Hector De Leon and Melencio Sta Maria works wonders for me!
DeleteHello, Gab. Your blog on alternative and facultative obligations was insightful! Could you recommend any books for better learning about obligations?
ReplyDeleteThe book of Hector De Leon and Melencio Sta Maria works wonders for me
Delete