Article 398. Consequences of non-fulfillment of the obligation to transfer an individually-defined thing.
In the event of non-fulfillment of the obligation to transfer an individually-determined thing to the property, economic management, operational management or to the use of the creditor for value, the latter has the right to demand that the debtor be taken away from the debtor and transferred to the creditor under the conditions stipulated by the obligation. This right disappears if the item has already been transferred to a third party who has the right of ownership, economic management or operational management. If a thing has not yet been transferred, the advantage is that of the creditors, in whose favor the obligation arose earlier, and if it cannot be established, the one who had previously filed a lawsuit. Instead of the requirement to transfer to him the thing that is the subject of the obligation, the creditor has the right to demand compensation for damages.
References to other articles of chapter 25. Responsibility for violation of obligations: