Cap. 16 Art. 1085When right of option is competent to creditor.

Where, in any of the cases referred to in the last preceding article, the right of option, under the agreement, was granted to the creditor, the following rules shall be observed:

(a) if only one of the things perishes, but without the fault of the debtor, the creditor is bound to receive the thing which remains: if the debtor is in fault, the creditor may claim either the thing which remains or the value of the thing which perished;

(b) if both things perish, and the debtor is in fault with regard to both or even to one of them, the creditor may demand the value of either of such things, at his choice.