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Book 2 · Law of obligations  ›  Title 1 · Duty to render performance › Section 264

Default by the person entitled to the right of choice

(1) If the obligor entitled to the right of choice does not exercise that right prior to the beginning of compulsory enforcement, then the obligee, at their choice, may direct the compulsory enforcement at one performance or the other; however, as long as the obligee has not received the performance chosen, as a whole or in part, the obligor may obtain release from their obligation through one of the other acts of performance.

(2) If the obligee entitled to the right of choice is in default, then the obligor may demand that they exercise that right, specifying a reasonable time limit. At the end of the period of time, the right of choice devolves to the obligor if the obligee does not undertake the choice in good time.

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