Article 901. Creditor’s remedies for non-performance of obligation

(1) Where the debtor fails to perform its obligation without an excuse, the creditor may, under the law and, as the case may be, under the contract, at its option:
a) claim specific enforcement of the obligation;
b) suspend the performance of the reciprocal obligation;
c) reduce its reciprocal obligation;
d) terminate the contract;
e) claim damages for loss incurred by non-performance;
f) exercise any other remedy provided by law or contract to realize its right violated by the non-performance.
(2) If the debtor proves that the non-performance of the obligation is excused, the creditor resort to any of the remedies provided for in paragraph (1) save for specific performance and damages.
(3) A creditor may not resort to the remedies provided for in paragraph (1) to the extent that it cause the non-performance of the obligation by the debtor.
(4) The remedies laid down in paragraph (1) that are compatible can be cumulated. In particular, a creditor is not deprived of damages by resorting to any other remedy.
(5) Non-performance of an obligation means any deviation, whether excused or not, from the adequate performance of the obligation, and includes total or partial non-performance of the obligation, inadequate performance or delayed performance.
(6) Contracting parties may also provide that events other than non-performance of an obligation entitle the creditor to all or some of the remedies laid down in paragraph (1).
(7) A statement of the creditor does not have the effect of termination or reduction of the reciprocal obligation if, on that date, the right to terminate or to reduce the reciprocal obligation were time-barred (limitation period lapsed), and the debtor relies on this defence before or after the statement.