Claims that do not involve a monetary payment shall be converted into monetary claims of a corresponding value.
However, the bankruptcy administration has the right, instead of the debtor, to perform bilateral contracts that are not or only partially performed at the time that bankruptcy is declared. The contractual partner may demand security for performance.382
However, the right of the bankruptcy administration under paragraph 2 is excluded in the case of fixed date transactions (Art. 108 para. 3 CO383) and financial futures, swap and option transactions if the value of the contractual services can be determined on the basis of market or stock exchange prices at the time that bankruptcy is declared. The bankruptcy administration and the contractual partner each have the right to claim the difference between the agreed value of the contractual services and their market value at the time that bankruptcy is declared.384