Article 398. Consequences of failure to fulfil an obligation to transfer an individually defined item

In the event of default, the individual is entitled to transfer the property to ownership, management, operational management or the creditor ' s recovery. To require that this item be removed from the debtor and transferred to the creditor under the terms of the obligation. If the item has not yet been transferred, the creditor in favour of which the obligation arose earlier or, if it is not possible to establish it, the creditor has the advantage of: Instead of requiring that the subject matter of the obligation be transferred to it, the creditor is entitled to claim damages.