Libro Tercero Título III. Ejecuciones especiales

When execution bears upon a certain or determined thing or in kind, if after the delivery demand has been made the judgment debtor does not comply, it shall be placed in judicial sequestration, with determination in the judgment as to whether final delivery is appropriate.

If the thing no longer exists, or cannot be sequestered, property shall be attached to cover its value as fixed by the judgment creditor and for damage and losses, the amount equivalent to the damage and losses being subject to provisional estimation by the judge.

The judgment creditor and the judgment debtor may object to the preset values and submit such evidence as they deem appropriate, through the procedure for incidents.

If the title contains an obligation to do and the plaintiff demands performance of the act by the obligor, the judge, taking the circumstances into account, shall set a time limit for the obligation to be performed; if it is not performed, property shall be attached for damage and losses, the judge provisionally fixing the amount thereof. If any of the parties objects to the value fixed by the judge, proceedings shall be conducted as provided in the preceding article.

The enforcing party may opt to request at once the provisional fixing of the amount of damage and losses, and the consequent attachment, or that the obligation to do be performed by a third party, if this is capable of being carried out, and at the expense of the enforced party. In the latter case, the judge shall set the corresponding time limit.

If the obligation consists of the execution of a public deed, upon issuing judgment granting execution, the judge shall fix for the defendant a term of three days to execute it.

In case of default, the judge shall execute the deed on its own initiative, appointing for that purpose the notary designated by the interested party, at the expense of the latter.

If the obligation not to do is breached, the judge shall set a time limit for things to be restored to their prior state, if this were possible. If it is not complied with, property shall be attached for damage and losses, the judge provisionally fixing the amount thereof. If any of the parties objects to the amount fixed by the judge, proceedings shall be in accordance with the provisions of Article 336.

The enforcing party may opt to request at once the provisional fixing of the amount of the damage and losses to which the breach of the obligation not to do gives rise, and the consequent attachment, or that things be restored to their prior state by a third party, if this were capable of being performed, and at the expense of the enforced party. In the latter case, the judge shall set the corresponding time limit.