Practice question
What may the injured party choose under Article 1191 when the other party substantially breaches a reciprocal obligation?
- Fulfillment or resolution, with damages in either case as legally warranted.
- Only a criminal complaint.
- Only rescission for lesion after proving there is no other remedy.
- Automatic ownership of all property of the breaching party.
- Both full continued performance and final termination as simultaneous final relief for the same obligation.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1165–1174,1191–1192,1381,1383.
- https://lawphil.net/judjuris/juri2015/jan2015/gr_167519_2015.html — Wellex Group v U-Land Airlines, GR 167519, January 14 2015, main opinion: Article 1191 resolution as principal remedy.
- https://lawphil.net/judjuris/juri2015/dec2015/gr_202947_2015.html — ASB Realty Corporation v Ortigas & Company Limited Partnership, GR 202947, December 9 2015, main opinion: substantial breach and distinction of rescission contexts.
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