(1) If the obligor is to surrender a specific object, then, from the date onwards on which litigation is pending, the claim the obligee has to damages for deterioration, destruction or for impossibility of surrender for another reason is determined in accordance with the provisions that apply to the relationship between an owner and a possessor from the date onwards on which litigation on a claim to ownership is pending, except where the obligation or the default of the obligor leads to a different conclusion to the benefit of the obligee.
(2) The same applies to the claim the obligee has to surrender or to payment of remuneration for emoluments and to the claim the obligor has to reimbursement of outlays.