Alternative Obligation:
Noun
1. A legal or moral duty that provides an individual with multiple options or choices for fulfilling the obligation.
2. A commitment or responsibility that allows for different courses of action or alternatives to be taken in order to meet the obligation.
Example: In a contract, an alternative obligation may be present when a party is required to deliver a specific product, but is given the option to provide an equivalent substitute if the original product is unavailable.
An alternative obligation is a type of legal obligation where the debtor has the option to choose between two or more different performances to fulfil their obligation. This means that the debtor can choose to perform one of the alternatives, and once they have done so, their obligation is considered fulfiled.
In an alternative obligation, the creditor cannot demand a specific performance from the debtor. Instead, the debtor has the right to choose which alternative they will perform. However, once the debtor has chosen and performed one of the alternatives, they are relieved of their obligation and the creditor cannot demand any further performance.
It is important to note that the alternatives in an alternative obligation must be of the same nature and have the same value. This means that the debtor cannot choose between alternatives that are significantly different from each other. Additionally, the alternatives must be specified in the contract or agreement between the parties.
In case the debtor fails to choose and perform one of the alternatives within a reasonable time, the creditor may have the right to choose for them. This is known as facultative obligation, where the creditor has the option to choose an alternative on behalf of the debtor.
Overall, alternative obligations provide flexibility to the debtor in fulfiling their obligations, while also ensuring that the creditor’s rights are protected.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
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