Explanation of Article 191
This article addresses the explanation of the "concept of alternative obligation," which is: that its subject matter includes only one thing, with the debtor having the right to perform something else instead.
The article states that the obligation is alternative if its subject matter includes only one thing. For example, if a person says to another: "I sell you this car, provided that I have the right to perform instead a sum of money," in this case, the obligation is alternative, and the subject of the obligation is the car, and the debtor has the right to perform instead a sum of money.
It is worth noting that the original subject is the obligation, which determines its nature. For example, if the subject of the obligation is a thing, the obligation is real, and if its subject is an act, the obligation is practical. This ruling differs from the optional obligation, where its subject matter is multiple things, and the debtor or creditor has the option to perform them.
This article is considered one of the most important articles related to the concept of alternative obligation, and it clarifies the impact of the alternative obligation on the obligation.
Related To
Article 191
A debtor who undertakes an obligation may refuse to perform such obligation if the creditor fails to perform an obligation which arose as a result of the debtor’s obligation and is associated therewith and the creditor does not provide adequate security for the performance of such obligation.