Section 5: Impossibility of performance

The impossibility of performing the service discharges the debtor to the extent of such impossibility if it is due to force majeure and is definitive, unless the debtor has agreed to take responsibility for it or has been given prior notice.

Where the impossibility of performance results from the loss of the thing due, the debtor put on notice is nevertheless discharged if he proves that the loss would have occurred in the same way if the obligation had been performed. He is, however, bound to assign to his creditor the rights and actions attached to the thing.