Short answer. Yes. When a seller breaks a contract to deliver specific or ascertained goods, a court may direct that the contract be performed specifically — meaning the seller must actually hand over the item — without giving the seller the option of simply paying damages instead.
What the law says
Where the seller has broken a contract to deliver specific or ascertained goods, a court may, on the application of the buyer, direct that the contract shall be performed specifically, without giving the seller the option of retaining the goods on payment of damages. The judgment or decree may be unconditional, or upon such terms and conditions as to damages, payment of the price and otherwise, as the court may deem just.
Civil Code, Article 1598 — Buyer's Right to Specific Performance. Read the full provision →
Specific goods and why they matter
Article 1598 of the Civil Code applies when the contract is for specific or ascertained goods — meaning goods that were identified and agreed upon at the time of the contract, not fungible items you could get elsewhere. A unique piece of art, a particular parcel of land's harvest, or a named vehicle with a specific chassis number are examples. Because the item is irreplaceable for the buyer, a damages award would not fully compensate the loss. The law responds to this by allowing the buyer to ask the court for the actual thing — not just money.
The key right: no cash-out option for the seller
The most important feature of Article 1598 is that it removes a seller's ability to simply pay damages and walk away. Without this rule, a seller who found a better buyer after the contract was signed could breach, pay whatever damages the court set, and pocket the difference. Article 1598 closes that option: without giving the seller the option of retaining the goods on payment of damages. If the court orders specific performance, the seller must deliver the goods, full stop.
Conditions the court can attach
The court has flexibility in structuring the order. It can make delivery unconditional, or it can attach terms — for example, requiring the buyer to pay the full purchase price at the same time as delivery, or awarding additional damages on top of the specific delivery. The phrase upon such terms and conditions as to damages, payment of the price and otherwise, as the court may deem just gives the court room to craft a fair outcome for both sides while still enforcing what the buyer bargained for.
What this remedy does not cover
This provision applies only where the goods are specific or ascertained at the time of the contract. If the contract was for a generic quantity of goods — 100 sacks of rice, for instance — and equivalent goods are available in the market, specific performance is less likely because a damages award can make you whole. Article 1598 is most powerful where the item's uniqueness or the market's unavailability means that money simply cannot replace what was promised. Courts also retain discretion; specific performance is an equitable remedy and courts may decline to order it in unusual circumstances.