¿Es necesaria la imputabilidad para que opere el derecho de opción del acreedor?

This research aims to analyze the so–called right of option of the creditor, which arises when the debtor fails willfully or culpably duty. Rivers of ink have been spilled in this matter, although its volume almost always leads to the same ocean: the classical and scholastic view on the right of the creditor’s option. Particularly the alleged requirement of accountability will be analyzed as an element thereof, in the light mainly of the Spanish legislation