Cap. 16 Art. 1025Where thing unduly received is no longer in the possession of the party receiving it.

(1) If the thing is not in his possession, or has deteriorated, he shall, if he received it in bad faith, be liable to the same obligations as, under articles 556 and 557 are imposed on a possessor in bad faith.

(2) If he received the thing in good faith, he shall be bound to restore the value thereof or, as the case may be, to make good the deterioration, but only up to the amount of any benefit which, as a result of the alienation or deterioration of the thing, he may have derived; and where he has not yet received the subject of the benefit derived from such alienation or deterioration, he shall only be bound to assign his right of action for the recovery thereof.

(3) He is not bound to restore the value of the thing if he has lost, given or destroyed it.