365. Restitution.

Given that the underlying purpose of the obligation of reparation is to re-establish, so far as possible, the situation which would have existed if the wrongful act or omission had not occurred1, restitution in kind (restitutio in integrum) constitutes the primary form of reparation2. The obligation to make restitution does not apply to the extent that restitution is materially impossible3, or to the extent that provision of restitution would involve a burden out of all proportion to the benefit deriving from restitution instead of compensation4.

Where restitution is not materially possible, the obligation to make reparation may be limited to