Article 344. Consequences of loss of or damage to tangible property

1. The lessor shall be at risk of incidental loss of or damage to the property in question, unless otherwise provided for in the bond contract. and partial loss or damage to the security item transferred to him, unless he proves that he can be relieved of liability under article 401 of the present Code. It claims for the loss of the item of collateral in the amount of its market value and for damage in the amount of the value of the deposit, irrespective of the amount to which the item of bond was valued at D. If, as a result of damage to the security item, it has changed to such a degree that it cannot be used for a direct purpose, the pledgeor has the right to withdraw it and to demand that the mortgage be removed. The contract may provide for the duty of the pledgeor to compensate the pledgeor and other damages caused by the loss or damage to the security item. The landlord, which is the debtor of the secured obligation, is entitled to set off the claim against the pledge holder for damages caused by loss of or damage to the security item in poachment. the obligation secured by the pledge, including where the period of performance of the obligation has not yet occurred and early performance of the obligation is not permitted.