Cap. 16 Art. 1088Definition of potestative obligation.

(1) Where in an obligation having for its subject-matter a determinate thing, it is competent to the debtor to release himself by offering another thing, such obligation is said to be potestative.

(2) In any such case the creditor may only demand the thing specified in the agreement.

(3) If such thing perishes, the obligation is extinguished, saving any other provision of the law in cases where the debtor is in default for delay in the delivery of the thing, or the thing perishes through his fault.

§ IV.OF JOINT AND SEVERAL OBLIGATIONS