Article 394. Losses and damages

1. Where default or improper performance of an obligation has been established as a liability, the damages shall be compensated in part that is not covered by an obligation; cases may be provided for by law or contract: where only damages but not damages are allowed; where damages can be recovered in full in excess of damages; where the creditor ' s choice is to be recovered in respect of damages or damages. 2. Where limited liability has been established for non-performance or improper performance of an obligation (art. 400), the damages to be compensated insofar as they are not covered by a non-consisting obligation, or Bour above it or in its place, may be recovered up to the limits set by such restriction.