Goods may be claimed if they exist in kind, in whole or in part, where the sale was rescinded prior to the judgment initiating the proceedings either by a court decision or by the operation of an acquired resolutory condition.
The claim must likewise be admitted even though the cancellation of the sale has been pronounced or established by a court decision subsequent to the judgment opening the proceedings where the action to claim or for cancellation was brought prior to the judgment opening the proceedings by the seller for a reason other than non-payment of the price.