Alternative and Optional Obligations: Key Differences
Alternative Obligations
An alternative obligation is one in which the object of the provision is not initially determined. At the time of its creation, several possibilities exist. Any of these possibilities can be subject to enforcement by the debtor, but only one is ultimately required. For example, “I’ll sell you my watch, my car, or my bike.” This is similar to options on a restaurant menu.
There is only one obligation, not a plurality. Multiple benefits are *possible*, but only one is *due*.
Read MoreCredit Transfer, Subrogation, and Contractual Clauses
Transfer of Credit
The Civil Code provides: “All rights acquired under an obligation may be transferred subject to the laws, if the parties had not agreed otherwise.”
In Roman law, the principle of transmission was not a primary concern.
The law usually dictates the place of transmission of credit.
The Civil Code states: “The subrogation of a third party to creditor rights cannot be assumed outside of the cases expressly stated in this Code. In other cases, it will be necessary to clearly state it to
Read MoreElizabeth and Darcy: Pride, Prejudice, and Love
Elizabeth and Darcy’s Encounters in *Pride and Prejudice*
There are two lengthy, unsuccessful duets and one lengthy, successful duet between Elizabeth and Darcy in Pride and Prejudice. The first meeting between Elizabeth and Darcy is extraordinarily unsuccessful. After Elizabeth overhears Darcy’s unfavorable assessment of her as “tolerable, but not handsome enough to tempt” him, she is insulted and angry. This reveals her stubbornness, pride, and short temper. Elizabeth represents both aspects of
Read MoreUnderstanding Oblique Action in Legal Context
Item 10. Oblique Action
Definition: Oblique action is that by which the creditor may, for the payment of what is due, exercise the rights and actions of the debtor, except those that are purely personal to it.
Normative Legal
Oblique action is enshrined in Article 1278 CC: Creditors can exercise, for recovering what is due, the rights and actions of the debtor, except rights which are exclusively related to the individual debtor.
Oblique Nature of the Action
In principle, the oblique action is considered
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