Article 12. Ways of protecting civil rights.
Civil rights can be protected by way of:
- recognizing the right;
- restoring the status quo as it existed before the breach of the right and preventing actions that violate the right or create a threat of its violation;
- recognizing a disputable transaction as invalid and applying consequences of its invalidity, applying consequences of invalidity of the null transaction;
- recognizing an act of the state agency or local self-government body as invalid;
- self-protection of the right;
- adjudging to the execution of the duty;
- compensating for losses;
- enforcing a penalty;
- undoing moral damage;
- terminating or changing the legal relation;
- non-use by the court of the law-conflicting act issued by a state agency or local self-government body;
- other methods provided for by the law.
Article 398. The Consequences of the Non-discharge of the Obligation to Transfer an Individually-definite Thing
In case of the non-discharge of the obligation to transfer an individually-definite thing into the ownership, into the economic or the operation management, or into the gratuitous use of the creditor, the latter shall have the right to claim the forcible withdrawal of this thing from the debtor and its transfer to the creditor on the terms, stipulated by the obligation. This right shall cease to exist, if the thing has already been transferred to the third person, possessing the right of ownership, of economic or of operation management. If the thing has not yet been transferred, the right of priority shall belong to that creditor, with respect to whom the obligation has arisen at an earlier date, and if this is impossible to establish - to that creditor, who has filed the claim at an earlier date.
Instead of the claim for the transfer to him of the thing, which is the object of the obligation, the creditor shall have the right to claim the compensation of his losses.