Statute
Civil Code
Article
Art. 1205
Topic
Different Kinds of Obligations
Book
BOOK IV Obligations and Contracts
Title
TITLE I Obligations
Chapter
CHAPTER 3 Different Kinds of Obligations
Formerly
Art. 1136a of the old Civil Code
Year
1949

The provision

When the choice has been expressly given to the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor. Until then the responsibility of the debtor shall be governed by the following rules: (1) If one of the things is lost through a fortuitous event, he shall perform the obligation by delivering that which the creditor should choose from among the remainder, or that which remains if only one subsists; (2) If the loss of one of the things occurs through the fault of the debtor, the creditor may claim any of those subsisting, or the price of that which, through the fault of the former, has disappeared, with a right to damages; (3) If all the things are lost through the fault of the debtor, the choice by the creditor shall fall upon the price of any one of them, also with indemnity for damages. The same rules shall be applied to obligations to do or not to do in case one, some or all of the prestations should become impossible. (1136a)

Cases applying this article

Related provisions in this Chapter

Civil Code, Art. 1205 is found in CHAPTER 3 Different Kinds of Obligations of TITLE I Obligations of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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