Practice question
An agreement expressly gives the creditor the choice between two specific machines. Before the creditor communicates a selection, the debtor negligently destroys one. The other remains available. Which remedy does Article 1205 recognize?
- The creditor must accept the surviving machine without any other option
- The creditor may choose the surviving machine or the price of the one lost through the debtor's fault, with the statutory right to damages
- The debtor's fault automatically transfers the choice back to the debtor
- The obligation vanishes despite the remaining machine
- The creditor must pay for the destroyed machine
Legal references
- Civil Code Articles 1199–1206: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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