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Article 308.3: Protection of the rights of the creditor under the obligation

📅 Updated: 30.09.2026

1. In the event of default by the debtor, the creditor is entitled to claim performance of the obligation in kind in court, unless otherwise provided for in this Code, other laws or contract, or n. The court may, at the request of the creditor, award a sum of money in its favour (art. 330, para. 1) in the event of failure to comply with the said act, at the amount determined by the court. 2. Protection by the creditor of its rights under article 1, paragraph 4, of the International Convention on the Elimination of All Forms of Racial Discrimination (art. 1, para. a response to paragraph 1 of this article does not relieve the debtor of liability for default or improper performance of an obligation (chapter 25).