About the forms of remedy (Art. 1.386 of the Civil Code)

Abstract

The reparation of the damage is, in principle, made in kind and, only in the alternative, if this is not possible or if the victim is not interested in it, by paying compensation, which must represent the equivalent value of the benefit in kind at which it was entitled the victim, to restore the previous situation. The obligation to repair the damage has only one object: the procurement, by the perpetrator of the tort, in kind, of an adequate benefit, able to remove, in its entirety, the negative practical consequences of the tort. In situations where the damage is repaired by paying compensation, the money is nothing more than a payment instrument. The execution of the obligation to repair the damage is governed by the principle of valorism. The victim does not have an optional right to choose between repairing the damage in kind or by paying compensation.