Practice question
After a substantial breach of a reciprocal obligation, the injured party initially seeks fulfillment. Fulfillment later becomes impossible. Subject to the other Article1191 requirements and third-party protections, is the initial choice alone an absolute bar to seeking resolution?
- No; Article1191 expressly permits resolution when fulfillment later becomes impossible
- Yes; the initial choice is irreversible in every situation
- Yes; only the breaching party can change remedies
- Yes; damages are prohibited whenever resolution is sought
- Yes; impossibility automatically transfers the debtor’s entire estate
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1165–1166,1172,1191–1192.
- Ong v Bogñalbal GR149140 September12,2006 MAIN: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/42229 Article1192 equitable tempering.
- Goldloop Properties v GSIS GR171076 August1,2012 MAIN: https://lawphil.net/judjuris/juri2012/aug2012/gr_171076_2012.html Article1192 uncertain first breach.
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