Joint, Alternative, and Optional Obligations: A Legal Analysis
ITEM 13
Joint and Alternative Obligations
Legal Basis and Effects
Doctrine recognizes complex duties with multiple objects or subjects. Among those with multiple objects, we find joint, alternative, and optional obligations.
Joint Obligations
Joint obligations involve multiple objects, requiring the debtor to perform various services cumulatively. Example: Paying fifty Bs and delivering a vehicle. The conjunction “and” characterizes these obligations.
Alternative Obligations
Alternative obligations involve several objects, but the debtor is released by performing only one. Example: Paying five thousand Bolivars or repairing and painting a house. The conjunction “or” characterizes these obligations. Payment must be complete for one object (Art. 1216 CCV).
Optional Obligations
Optional obligations have a single object, but the debtor can fulfill it by performing a different, pre-agreed benefit. Example: Agreeing to pay Bs, but fulfilling the obligation by delivering an apartment. The debtor decides whether to exercise this power.
1. Choice of Performance
The debtor chooses the performance unless granted to the creditor or a third party. If the choice isn’t made, the court may set a deadline (Art. 1217 CCV). If the creditor doesn’t choose, the debtor may after a court-set deadline.
2. Failure of Alternative Obligations
If the debtor is at fault:
- The creditor can choose any object, but the debtor can offer another (Art. 1217 CCV).
- If some objects are lost due to the debtor’s fault, the creditor can choose a remaining one or its price (Art. 1219 CCV).
- If all objects are lost due to the debtor, the creditor can choose any remaining object or its price (Art. 1219 CCV).
- If only one object is lost due to the debtor, they must pay its price (Art. 1218 CCV).
If the failure is not attributable to the debtor:
- If all objects are lost, the obligation is extinguished (Art. 1220 CCV).
- If the creditor chooses and some objects are lost, they must accept the remaining one (Art. 1219 CCV).
3. Creditor’s Delay in Choice
If the creditor delays, the court can set a deadline for their choice, after which the debtor can choose (Art. 1217 CCV).
ITEM 14
Solidary Obligations: Joint and Several Liability
Divisible and Indivisible Obligations
Joint obligations involve multiple creditors or debtors, where the obligation is divided among them (Arts. 1680, 766, 1252, 1112, 1671, 1672 CCV).
- Each debtor pays their share, and each creditor receives their share.
- Insolvency of one debtor doesn’t affect others.
- Delay by one debtor doesn’t affect others.
- Statute of limitations for one debtor doesn’t affect others.
Shares can be equal or unequal.
Solidary Obligations
The debtor is discharged by paying any creditor (active solidarity), and the creditor can demand full payment from any debtor (passive solidarity) (Art. 1221 CCV).
2. Advantages of Solidarity
Solidarity allows the creditor to avoid pursuing each debtor separately, reducing insolvency risk and ensuring efficient payment.
3. Types of Solidarity
By Subjects:
- Active Solidarity: Each creditor can demand full payment (Art. 122 CCV).
- Passive Solidarity: Each debtor can be compelled to pay the full amount (Art. 1221 CCV).
By Origin:
- Conventional Solidarity: Established by contract.
- Legal Solidarity: Established by law (Art. 1195 CCV).
Characteristics of Solidarity:
Based on the unity of purpose and plurality of links.
A) Unity of Object:
Each debtor is obliged to the same thing.
B) Plurality of Links:
(Art. 122 CCV) Acts of one party don’t harm others.
C) External Relations:
Acts of one party don’t harm others.
D) Internal Relationships:
Not all parties are in the same position. A primary debtor may have solidary guarantors.