Short answer. You may rescind the contract and claim damages. Under Article 1203 of the Civil Code, if the creditor's own acts prevent the debtor from making the choice that was theirs under an alternative obligation, the debtor has the right to cancel the contract and recover damages for the harm caused.
What the law says
If through the creditor's acts the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages.
Civil Code, Article 1203 — Creditor's Acts Preventing Choice. Read the full provision →
Alternative obligations and the right of choice
An alternative obligation means the debtor owes one of several possible prestations — but the debtor typically holds the right to decide which one to deliver. That right is meaningful: the debtor may choose based on what they can best perform, what costs them less, or what best fits the circumstances. Article 1203 protects that right by providing a remedy when the creditor imposes on it — through acts that make it impossible for the debtor to exercise the choice the contract assigned to them.
What counts as the creditor preventing the choice
The creditor's acts must actually make it impossible for the debtor to choose according to the terms of the obligation. This could happen in several ways: the creditor destroys or takes possession of one of the alternative items before the debtor can elect it; the creditor unilaterally acts as though they have the right of choice and forces a specific alternative on the debtor; or the creditor takes steps that narrow the debtor's options in ways the contract did not contemplate. The act must be attributable to the creditor — external events or the debtor's own conduct are not covered by Article 1203.
Rescission and damages: what you can actually get
Article 1203 gives the debtor two connected remedies: rescission of the contract and damages. Rescission unwinds the contract — both parties are returned, as far as possible, to the position they were in before the contract was made. Any performance already rendered would need to be restored or compensated. Damages cover the harm the creditor's interference caused — additional costs incurred, opportunities lost, or losses suffered because the debtor could not exercise the choice they were entitled to. These are cumulative: the debtor is not forced to choose between rescission and damages.
What to document if you are in this situation
If you are considering invoking Article 1203, the key is evidence of two things: that you held the right of choice under the contract (not the creditor), and that the creditor's specific acts made it impossible for you to exercise that right. This means preserving records of what the creditor did — communications, actions taken with the alternative items, demands made — and documentation showing that the terms of the obligation assigned the choice to you. Without clear evidence of both, the remedy may be difficult to enforce.