Article 396. Responsibility and performance in kind

1. Payment of damages and damages in case of improper performance of an obligation shall not release the debtor from performance in kind, unless otherwise provided by law or by contract. 2. Compensation for damages in the event of default and the payment of damages for non-performance shall exempt the debtor from performance in kind, unless otherwise provided by law or doctrine 3. Creditor ' s refusal to accept performance which, due to delay, has lost its interest (art. 405, para. 2) and payment of a penalty established as a derogation (art. 4); 09. exempt the debtor from performance in kind.