Philippine Bar review · Question

Practice question: Alternative

Multiple Choice Hard

Practice question

The creditor validly selects and communicates the specific alternative machine. The other unselected machine is later lost, while the selected one remains available. The debtor claims that loss alone changes the effective selection. Which is best?
  1. Every later loss automatically restarts all choices.
  2. The effective creditor selection ended the alternative character; loss of the unselected thing does not alone undo it.
  3. The debtor may unilaterally substitute any item afterward.
  4. Only the cheaper remaining object controls regardless of selection.
  5. Communication has no legal effect.

Legal references

  • Civil Code Articles1163-1166,1170,1179,1188-1190,1196-1198,1200-1205 and1211-1222: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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