الشرط الجزائي بين سلطان الإرادة و سلطة القاضي

الملخص EN

The juge is required to rule in the eventtha the rules on the compensation provided for in the penalty clause, which is inserted in the contract concluded between its two parties or in a clause subsequent to the contract, in compliance with the principle of authority, of the will of contracting parties and in accordance with the principle of the contract, the law of the contracting parties, in order to en sureits non-execution, delay or delay.

starting from the general principle, the law empowers the juge to intervene in particular cases, in order to reduce the penalty clause if it is sexaggerated, in cases of partial performance of the contract or overstatement of the penalty clause, and it also empower shim ti decide by increasing the amount of the latter if the damage exceeds the value of the compensation provided for in contract, due to fraud of serious fault committed by the debtor.