If an obligation requires the performance of one of two acts, in the alternative, the party required to perform has the right of selection, unless it is otherwise provided by the terms of the obligation.
Interpretation of ObligationsAlternative Obligations
Section § 1448
This law says that if you have an obligation where you can choose between doing one of two actions, you get to decide which action to take, unless the agreement specifically states otherwise.
alternative performance right of selection obligation options
Section § 1449
This law states that if a person who has the right to choose between different options in a contract doesn't inform the other party of their choice within a set time, or if no time is set, before the contract must be carried out, then the choice passes to the other party.
If the party having the right of selection between alternative acts does not give notice of his selection to the other party within the time, if any, fixed by the obligation for that purpose, or, if none is so fixed, before the time at which the obligation ought to be performed, the right of selection passes to the other party.
right of selection alternative acts notice of selection
Section § 1450
If you have the right to choose between two different options in a situation, you must pick one option completely. You can't mix parts of both options unless the other person involved agrees.
The party having the right of selection between alternative acts must select one of them in its entirety, and cannot select part of one and part of another without the consent of the other party.
right of selection alternative acts consent of other party
Section § 1451
This law says that if you have a duty to do one of two things, and one of those things is something the law can't enforce, has become illegal, or can't be done at all, then you just have to do the other thing.
If one of the alternative acts required by an obligation is such as the law will not enforce, or becomes unlawful, or impossible of performance, the obligation is to be interpreted as though the other stood alone.
alternative acts obligation interpretation unenforceable
