Post by account_disabled on Nov 12, 2023 6:13:36 GMT
The prerequisite for the creditor's claim for payment of the contractual penalty referred to in Art. § of the Civil Code, there may be any form of non-performance or improper performance of a non-monetary obligation by the debtor. Resolution of the Supreme Court of November. file III CZP / Reserving a contractual penalty in the event of non-performance or improper performance of an obligation does not release the debtor from the obligation to pay it if it is proven that the creditor has not suffered any damage. Resolution of the Supreme Court of July. file III CZP The party withdrawing from the mutual contract is not entitled to a claim for payment of a contractual penalty.
In the event of default or delay if the contract also provides for such a penalty in connection with withdrawal from the contract. The amount of the contractual penalty and compensation Pursuant to the provisions of Art. of the Civil Code In the event of non-performance or philippines photo editor improper performance of the obligation, the creditor is entitled to a contractual penalty in the amount reserved for this event, regardless of the amount of damage suffered. A demand for compensation exceeding the amount of the stipulated penalty is not permissible, unless the parties have agreed otherwise cf.
If the obligation has been largely fulfilled, the debtor may demand a reduction of the contractual penalty; the same applies to cases where the contractual penalty is grossly excessive . The creditor may claim the full amount of the contractual penalty regardless of the amount of damage suffered. there is no obligation on the creditor's part to prove the existence and amount of the damage. If the damage exceeds the amount of the contractual penalty stipulated in the contract, the creditor cannot demand compensation in addition to it.
In the event of default or delay if the contract also provides for such a penalty in connection with withdrawal from the contract. The amount of the contractual penalty and compensation Pursuant to the provisions of Art. of the Civil Code In the event of non-performance or philippines photo editor improper performance of the obligation, the creditor is entitled to a contractual penalty in the amount reserved for this event, regardless of the amount of damage suffered. A demand for compensation exceeding the amount of the stipulated penalty is not permissible, unless the parties have agreed otherwise cf.
If the obligation has been largely fulfilled, the debtor may demand a reduction of the contractual penalty; the same applies to cases where the contractual penalty is grossly excessive . The creditor may claim the full amount of the contractual penalty regardless of the amount of damage suffered. there is no obligation on the creditor's part to prove the existence and amount of the damage. If the damage exceeds the amount of the contractual penalty stipulated in the contract, the creditor cannot demand compensation in addition to it.