The Forwarder´s Concern: An introduction into the marine liability of forwarders, carriers and warehousemen, the claims handling and the related insurance
- Obligation with several prestations which are due but the performance of one is sufficient as determined by the choice of the debtor in general. - Requires complete performance of one prestation. No partial performance of all prestations. - Ex. Trip to Paris or car. Art. 1200 – right of choice - Belongs to the debtor unless expressly granted to the creditor. - No right to choose impossible obligations, unlawful or not the object of the obligation. - No more right to choose if only one is practicable (Art. 1202). Art. 1201 choice must be communicated, otherwise obligation remains alternative. - Concurrence of creditor is not required. - Notice either oral or in writing. Art. 1203 – Debtor can rescind contract if through creditor’s fault, debtor cannot make a choice. Ex. Car or cash. Creditor sold the car to another person. Debtor may choose car plus damages.
Art. 1204 & 1205 - Effects of loss of objects of obligation
(right of choice belongs to debtor) a) All are lost – indemnity for damages; basis of indemnity is the value of the last thing which is disappeared plus other damages b)Some are lost – no liability since the debtor can still performed the obligation.
Art. 1205 – Rules in case of loss when the right of choice
belongs to the creditor. a) Lost through fortuitous event – creditor can choose from the remaining. If all are lost, obligation is extinguished (determinate thing) - Lost through debtor’s fault – choose the lost item or the existing items plus damages in either case. Art. 1206 – Facultative Obligation - Only one prestation is agreed upon, but the obligor may render another in substitution. - Ex. Trip to Paris or convert to cash. - No liability in case of loss of the substitute except when substitution is made prior to the loss.
The Forwarder´s Concern: An introduction into the marine liability of forwarders, carriers and warehousemen, the claims handling and the related insurance