أحكام الشرط الجزائي في عقد البيع بالإيجار الوارد على السكنات

Abstract EN

The contract of the sale for the rent on the accommodation includes mutual obligations between the real estate promoter and the lessee.

The latter has a financial obligation where he pays monthly installments accordin to the deadline specified in the contract.

In order to guarantee the payment process, the legislature provided for a penalty clause to sign an increase of 2% of the monthly installment after one month from its completion.

but the agreement of the parties to this condition does not lead to the exclusion of the judicial authority to control it.

Therefore, the effectiveness of the penal case depends on the extent of the judge's intervention in modifying it with an increase or reduction.