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Book 2 · Law of obligations  ›  Title 1 · Duty to render performance › Section 285

Surrender of substitute benefit

(1) If the obligor, as a result of the circumstance by reason of which, under section 275 (1) to (3), the obligor has no duty of performance, obtains a substitute benefit or a claim to a substitute benefit for the object owed, the obligee may demand that what has been obtained as a substitute benefit be surrendered, or that the claim to the substitute benefit be assigned.

(2) If the obligee may demand damages in lieu of performance, then, if they exercise the right defined in subsection (1), the damages are reduced by the value of the substitute benefit or the claim to the substitute benefit they have obtained.

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