(1) If a mutual contract was not or not performed in full by the debtor and the other party on the date when the insolvency proceedings were opened, the insolvency administrator may perform such contract instead of the debtor and claim the other party’s consideration.
(2) If the administrator refuses to perform such contract, the other party is entitled to its claims for non-performance only as an insolvency creditor. If the other party requires the administrator to opt for performance or non-performance, the administrator is to state his or her intention to claim performance without negligent delay. If the administrator does not give this statement, it is no longer possible to insist on performance.