Chapter V: Refunds

The restitution of a thing other than a sum of money takes place in kind or, where this is impossible, in value, estimated on the day of restitution.

The person who returns the thing is liable for any damage or deterioration which has reduced its value, unless he is acting in good faith and the damage or deterioration is not due to his fault. .

A person who received the thing in good faith and sold it owes only the price of the sale. If he received it in bad faith, he owes its value on the day of restitution where it is greater than the price.

Restitution includes the fruits and the value of the enjoyment that the thing has provided. The value of the enjoyment is assessed by the judge on the day he makes his decision. Unless otherwise stipulated, restitution of the fruits, if they are not found in kind, takes place according to an estimated value on the date of repayment, depending on the state of the thing on the day the obligation…

Restitutions owed by an unemancipated minor or a protected adult of full age are reduced to the amount of the benefit he or she derived from the annulled deed.

In fixing the amount of restitution, the person who must make restitution shall take into account the expenses necessary for the preservation of the thing and those which have increased its value, up to the limit of the estimated increase in value on the day of restitution.

Restitution of a sum of money includes interest at the legal rate and taxes paid in the hands of the person who received it.

He who has received in bad faith owes the interest, the fruits he has received or the value of the enjoyment from the date of payment. One who has received in good faith owes them only from the day of the claim.

The restitution of a service takes place in value. This is assessed at the date on which it was provided.

Securities constituted for the payment of the obligation are carried over ipso jure to the obligation to make restitution without, however, depriving the guarantor of the benefit of the term.