The conjunctive obligations and the alternatives are two types of legal obligations, which establish legal links between two parties: a debtor (the natural or legal person obligated to perform one or more services to fulfill an agreement) and a creditor (the natural or legal person demanding one or more benefits from the debtor).
Understanding Conjunctive and Alternative Obligations
Conjunctive and legal obligations share similarities, as they both involve complex obligations with two or more benefits. These benefits can include giving something (e.g., granting a property), doing something (e.g., building a house), or refraining from doing something (e.g., not building in a certain area).
- Conjunctive Obligations: The debtor must fulfill all the benefits demanded by the creditor. For example: The debtor must provide a house (first benefit) and $100,000 (second benefit) as a form of payment.
- Alternative Obligations: The debtor must choose one of the benefit options requested by the creditor. For example: The debtor must grant a house (a benefit option) or $100,000 (another benefit option) as a form of payment.
Non-compliance with either of these obligations leads to legal sanctions, predetermined in contracts, agreements, or regulated by civil codes of the respective countries.
Key Differences
| Conjunctive Obligations | Alternative Obligations | |
|---|---|---|
| Definition | Met when all benefits are performed. | Fulfilled when the debtor chooses one of two or more service options. |
| Object Type | Joint object. | Disjoint object. |
| Nature of Benefits | Benefits can be homogeneous or heterogeneous. | Benefits must be equivalent. |
| Choice of Benefits | Generally by mutual agreement between parties. | Generally made by the debtor. |
| Performance Compliance | Debtor must comply with all benefits. | Debtor must comply with only one of the benefits. |
Characteristics of Conjunctive Obligations
- The object is set: Conjunctive obligations have a joint purpose, meaning the debtor fulfills the obligation once all the benefits are provided.
- Benefits can be homogeneous or heterogeneous: In conjunctive obligations, benefits can be:
- Homogeneous: If all benefits are of the same nature (e.g., to do, to give, or not to do). Example: The debtor must build the house (make) and clean up the rubble (make).
- Heterogeneous: If the benefits are of a different nature. Example: The debtor must build the house (make) and pay a $50,000 fine to the creditor (give).
- Mutual agreement on choice of benefits: Generally, in conjunctive obligations, both parties agree on the benefits. For example, when a person hires a service, the client and the company providing the service both agree.
- Full compliance with all benefits: To be released from the commitment, the debtor must fully comply with all benefits. Otherwise, the creditor may sue for damages.
Characteristics of Alternative Obligations
- The object is disjoint: Alternative obligations have a disjoint purpose, meaning the debtor fulfills the obligation once one of the benefits is provided.
- Benefits must be equivalent: In alternative obligations, the benefits must be equivalent, usually in their monetary value. Example: The debtor must pay the creditor with an apartment or a boat that has the same value as the first one.
- Choice of benefits by the debtor: Usually, the debtor chooses which service to provide. However, in some cases, if there is an agreement, the creditor can make the choice. Example: The debtor decides if he will fulfill his obligation by paying with an apartment or with a boat of the same value.
- Compliance with one of the benefits: To be released from the commitment, the debtor must comply with one of the benefits requested. Otherwise, the creditor may request another benefit.
Examples
Conjunctive Obligations
- A hotel must accommodate the client for ten days according to the contract.
- A musician is obligated to record three albums with the company.
- A person in debt must give a collection of china and $20,000 to the creditor.
- A company must give $40,000 and two computers as compensation to an employee.
- A person must return $30,000 and give 400 units of merchandise to a customer.
- A construction company must build an apartment and give $10,000 to each investor for not meeting contract deadlines.
- An actor must finish filming a movie and promote it on different television shows.
- A writer is required to publish five books with a publisher.
- An internet company must install a modem in a customer’s home and provide the service.
- A lawyer must defend his client and present the lawsuit in court.
Alternative Obligations
- An insurance company must give a new car or the monetary equivalent to the client.
- A person must finish paying the mortgage on his home or deliver the house to the bank.
- A hotel must host the client for three nights or return the money for the reservation.
- A construction company must give an apartment to each investor or return the money.
- A person must not park in restricted areas or pay a fine.
- A person must pay $3,000,000 or surrender his yacht to settle a debt.
- A person must comply with the rental agreement or compensate the tenant with $50,000.
- A company must provide electricity service every day or compensate customers in case of a cut.
- A person must finish the work for his client or give him $2,000 as damages for breach of contract.
- An electronics company must repair computers under warranty or issue a new one to customers.
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