Practice question
The injured party first chooses fulfillment of a reciprocal obligation, but fulfillment later becomes impossible. It then seeks resolution under Article 1191. The other party says the first choice creates an unconditional permanent bar. Which is correct?
- Article 1191 expressly permits later resolution in the stated impossibility setting
- The first choice always eliminates every later remedy
- The injured party must perform the impossible
- The debtor may choose a new creditor
- Only an executor may seek resolution
Legal references
- Civil Code, Articles 1159,1191,1249,1308,1314-1316,1319,1322-1326,1933-1934,1962 and1980: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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