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.

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References to other articles of chapter 25. Responsibility for violation of obligations:
Article 393. The duty of the debtor to pay damages.
Article 394. Losses and penalties.
Article 395. Responsibility for the default of a monetary obligation.
Article 397. Fulfillment of an obligation at the expense of the debtor.
Article 398. Consequences of non-fulfillment of the obligation to transfer an individually-defined thing.
Article 399. Subsidiary liability.
Article 400. Limitations on liability for obligations.
Article 401. Grounds for liability for breach of obligation.
Article 402. The responsibility of the debtor for its employees.
Article 403. The responsibility of the debtor for the actions of third parties.
Article 404. Wines of a creditor.
Article 405. The delay of the debtor.
Article 406. Delay of a creditor.