الشرط الجزائي بين القانون الجزائري و الشريعة الإسلامية : دراسة مقارنة

الملخص EN

Penalty clause between law and ShariahComparative studyThe contractual or tortious responsibility entails compensation paid by the debtor to the creditor and the origin in the implementation of the obligation is to be in kind.

When this cannot be done by the debtor, it has to be implemented through compensation (implementation in return).

The compensation may be judicial, legal or contractual.

In the compensatory agreement (penalty clause), the two parties determine the amount of compensation due by the creditor when the debtor does not perform his obligation or when he is late to pay.

Such compensation may be included in the contract itself or in a subsequent contract and shall be prior to the damage.

The penalty clause is an obligation arising from the initial commitment, it is also an obligation of reserve and the Judge has a discretionary authority in reducing or increasing this clause.