Article 396. Responsibility and fulfillment of obligations in kind.
1. Payment of penalties and damages in the event of improper performance of the obligation does not release the debtor from the performance of the obligation in kind, unless otherwise provided by law or contract. 2. Compensation of losses in the event of non-performance of an obligation and payment of a penalty for its non-performance release the debtor from performance of an obligation in kind, unless otherwise provided by law or contract. 3. The refusal of the creditor to accept the performance, which due to the delay has lost interest for him (clause 2 of article 405), as well as payment of the penalty set as a compensation (clause 409), frees the debtor from performance of the obligation in kind.
References to other articles of chapter 25. Responsibility for violation of obligations: