Section 201.- If a third person is to make the election, it is done by a declaration of intention made to the debtor, who must inform the creditor.

If such third person cannot make the election or is unwilling to do so, the right of election passes to the debtor.

 

Section 202.- If one of the acts of performance is impossible from the beginning, or if it subsequently becomes impossible, the obligation is limited to the other acts performance. This limitation does not arise if the performance becomes impossible in consequence of a circumstance for which the party not entitled to elect is responsible.

 

CHAPTER II

EFFECT OF OBLIGATIONS

PART I

NON-PERFORMANCE

 

Section 203.- If a time for performanceis neither fixed nor to be inferred from the circumstances, the creditor may demand the performance forthwith, and the debtor may perform his part forthwith.

If a time is fixed, it is to be presumed, in case of doubt that the creditor may not demand the performance before that time ; the debtor, however, may perform earlier.

 

Section 204.- If the debtor does not perform after warning given by the creditor after maturity, he is in default through the warning.

If a time by the calendar is fixed for the performance, the debtor is in default without warning if he does not perform at the fixed time. The same rule applies if a notice is required to precede the performance, and the time is fixed in such a manner that it may be reckoned by the calendar from the time of notice.

 

Section 205.- The debtor is not in default so long as the performance is not effected in consequence of a circumstance for which he must not be responsible.

 

Section 206.- In case of the obligations arising from an unlawful act, the debtor is in default from the time when he committed it.

 

Section 207.- If the performance is tendered by debtor and, without legal ground, the creditor does not acceppt the performance tendered to him, the creditor is in default.

 

Section 208.- The performance must be actually tendered to the creditor in the manner in which it is to be effected.

But if the creditor has declared to the debtor that he will not accept performance, or if for effecting the performance an act of the creditor is necessary, it is sufficient for the debtor to give him notice that all preparations for performance have been made and that it is for him to accept it. In such cases the notice by the debtor is equivalent to a tender.