Libro Quinto · Título II Capítulo III. Obligaciones facultativas

A facultative obligation is one that, having as its object only a single performance, gives the debtor the right to substitute that performance with another.

The nature of the facultative obligation is determined solely by the principal performance that forms the object thereof.

The facultative obligation shall be void for a defect inherent in the principal performance, even if the accessory performance has no defect whatsoever.

The facultative obligation is extinguished when the thing forming the object of the principal performance perishes without fault of the debtor, before he has been placed in default, or because its performance has become impossible, although the object of the accessory performance has not perished and its delivery were possible.

Neither the loss or deterioration of the thing nor the impossibility of the act or omission constituting the object of the accessory performance shall have any influence whatsoever on the principal performance.

In case of doubt as to whether the obligation is alternative or facultative, it shall be deemed facultative.