Article 328. Meeting performance

1. The performance of an obligation of one party arising from the performance of the other party ' s obligations shall be deemed to be met. a contract of performance, or where circumstances clearly indicate that such performance will not take place within a specified period of time, the party to whom the counterparty is liable the performance of the performance of the obligation or the refusal to perform the obligation and the claim for damages. Not fully performed, the party subject to the counter-performance is entitled to suspend the performance of its obligation or to refuse to perform in part corresponding to the failure to perform. 3. No party to the obligation under which a counter-performance is to be performed shall be entitled to claim performance by the court unless it has been so bound. 4. The rules laid down in paragraphs 2 and 3 of this article shall apply unless otherwise provided by law or by contract.