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Reflection paper for this please. Explain everything Section 2 - Obligations with a Period Art. 1193. Obligations for whose fulfillment a day certain has been

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Reflection paper for this please. Explain everything

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Section 2 - Obligations with a Period Art. 1193. Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes. Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain. A day certain is understood to be that which must necessarily come, although it may not be known when. If the uncertainty consists in whether the day will come or not, the obligation is conditional, and It shall be regulated by the rules of the preceding Section. 1194. In case of loss, deterioration or improvement of the thing before the arrival of the day certain, the rules in Article 1189 shall be observed. Art. 1195. Anything paid or delivered before the arrival of the period, the obligor being unaware of the period or believing that the obligation has become due and demandable, may be recovered, with the fruits and interests. Art. 1196. Whenever in an obligation a period is designated, It is presumed to have been established for the benefit of both the creditor and the unless from the tenor of the same or other circumstances it should appear that the period has been established in favor of one or of the other. Art. 1197. If the obligation does not fix a period , but from its nature and the circumstances it can be inferred that a period was intended, the courts may fix the duration thereof. The courts shall also fix the duration of the period when it depends upon the will of the debtor. In every case, the courts shall determine such period as may under the circumstances have been probably contemplated by the parties. Once fixed by the courts, the period cannot be changed by them. Art. 1198. The debtor shall lose every right to make use of the period: (1) When after the obligation has been contracted, he becomes insolvent , unless he gives a guaranty or security for the debt; (2) When he does not furnish to the creditor the guaranties or securities which he has promised; (3) When by his own acts he has impaired said guaranties or securities after their establishment , and when through a fortuitous event they disappear; unless he immediately gives new ones equally satisfactory; 7 (4) When the debtor violates any undertaking, in consideration of which the creditor agreed to the period; (5) When the debtor violates any undertaking , in consideration of which the creditor agreed to the period; (6) When the debtor attempts to abscond.Section 3 Art. 1199. A person alternatively bound by different prestation shall completely perform one of them. The creditor cannot be compelled to receive part of one and part of the other undertaking. Art. 1200. The right of choice belongs to the debtor, unless it has been expressly granted to the creditor. The debtor shall have no right to choose those prestations which are impossible, unlawful or which could not have been the object of the obligation. Art. 1201. The choice shall produce no effect except from the time it has been communicated. Art. 1202. The debtor shall lose the right of choice when among the prestations whereby he is alternatively bound, only one is practicable. Art. 1203. If through the creditor's acts the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages. Art. 1204. The creditor shall have a right to indemnity for damages when, through the fault of the debtor, all the things which are alternatively the object of the obligation have been lost, or the compliance of the obligation has become impossible. The indemnity shall be fixed taking as a basis the value of the last thing which disappeared, or that of the service which last became impossible. Damages other than the value of the last thing or service may also be awarded. Art. 1205. When the choice has been expressly given to the creditor , the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor. Until then the responsibility of the debtor shall be governed by the following rules: (1) if one of the things is lost through a fortuitous event, he shall perform the obligation by delivering that which the creditor should choose from among the remainder , or that which remains if only one subsists; (2) If the loss of one of the things occurs through the fault of the debtor , the creditor may claim any of those subsisting , or the price of that which, through the fault of the former has disappeared , with a right to damages; (3) if all the things are lost through the fault of the debtor , the choice by the creditor shall fall upon the price of any one of them, also with indemnity for damages. 9 The same rules shall be applied to obligations to do or not to do in case one, some or all of the prestations should become impossible. Art. 1206. When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called facultative. The loss or deterioration of the thing intended as a substitute, through the negligence of the obligor, does not render him liable. But once the substitution has been made , the obligor is liable for the loss of the substitute on account of his delay, negligence or fraud

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