Louisiana Civil Code

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SECTION 6 - CONJUNCTIVE AND ALTERNATIVE OBLIGATIONS

Art. 1807. An obligation is conjunctive when it binds the obligor to multiple items of performance that may be separately rendered or enforced. In that case, each item is regarded as the object of a separate obligation.

The parties may provide that the failure of the obligor to perform one or more items shall allow the obligee to demand the immediate performance of all the remaining items. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1808. An obligation is alternative when an obligor is bound to render only one of two or more items of performance. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1809. When an obligation is alternative, the choice of the item of performance belongs to the obligor unless it has been expressly or impliedly granted to the obligee. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1810. When the party who has the choice does not exercise it after a demand to do so, the other party may choose the item of performance. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1811. An obligor may not perform an alternative obligation by rendering as performance a part of one item and a part of another. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1812. When the choice belongs to the obligor and one of the items of performance contemplated in the alternative obligation becomes impossible or unlawful, regardless of the fault of the obligor, he must render one of those that remain.

When the choice belongs to the obligee and one of the items of performance becomes impossible or unlawful without the fault of the obligor, the obligee must choose one of the items that remain. If the impossibility or unlawfulness is due to the fault of the obligor, the obligee may choose either one of those that remain, or damages for the item of performance that became impossible or unlawful. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1813. If all of the items of performance contemplated in the alternative obligation become impossible or unlawful without the obligor's fault, the obligation is extinguished. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1814. When the choice belongs to the obligor, if all the items of performance contemplated in the alternative obligation have become impossible and the impossibility of one or more is due to the fault of the obligor, he is liable for the damages resulting from his failure to render the last item that became impossible.

If the impossibility of one or more items is due to the fault of the obligee, the obligor is not bound to deliver any of the items that remain. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

 

SECTION 7 - DIVISIBLE AND INDIVISIBLE OBLIGATIONS

Art. 1815. An obligation is divisible when the object of the performance is susceptible of division.

An obligation is indivisible when the object of the performance, because of its nature or because of the intent of the parties, is not susceptible of division. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1816. When there is only one obligor and only one obligee, a divisible obligation must be performed as if it were indivisible. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1817. A divisible obligation must be divided among successors of the obligor or of the obligee.

Each successor of the obligor is liable only for his share of a divisible obligation.

Each successor of the obligee is entitled only to his share of a divisible obligation. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1818. An indivisible obligation with more than one obligor or obligee is subject to the rules governing solidary obligations. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1819. An indivisible obligation may not be divided among the successors of the obligor or of the obligee, who are thus subject to the rules governing solidary obligors or solidary obligees. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1820. A stipulation of solidarity does not make an obligation indivisible. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]