Yahoo Canada Web Search

Sign In

Search results

  1. sites.google.com › view › obligations-and-contractsObligations and Contracts - Section 6 - Google Sites

    A debtor cannot evade payment of his principal obligation by choosing to pay the penalty stipulated, except when the debtor is EXPRESSLY granted with the right to substitute the penalty for the principal obligation. – an obligation with a penalty clause cannot be turned into a facultative obligation unless expressly stipulated in the contract.

  2. 1library.net › article › obligations-penal-clauseObligations with a Penal Clause - Obligations and ... - 1Library

    Debtor Cannot Substitute Penalty For the Principal Obligation – The general rule is that the debtor is not allowed to just pay the penalty instead of fulfilling the obligation. He can do so if the right has been expressly reserved. The reason is that if he can just pay, fulfillment of the obligation will be considered an alternative one.

  3. Videos

    View all

  4. 1library.net › article › obligations-penal-clauseObligations with a Penal Clause - Oblicon Reviewer - 1Library

    A debtor cannot evade from payment of his principal obligation by choosing to pay the penalty stipulated, except when the debtor is EXPRESSLY granted with the right to substitute the penalty for the principal obligation. – an obligation with penalty clause cannot be turned to facultative obligation unless expressly

  5. quizlet.com › 492706169 › section-6-obligations-withSection 6: Obligations with a Penal Clause Flashcards - Quizlet

    1. Debtor cannot substitute penal clause for principal obligation 2. Creditor cannot demand both the principal and penalty at the same time 3. Only the stipulated penalty is recoverable in case of breach

  6. quizlet.com › ph › 226121395LAW1 - Chap3 Sec6 Flashcards - Quizlet

    in obligations with a penal clause, the penalty shall substitute the indemnity for damages and the payment of interests in case of non-compliance, if there is no stipulation to the contrary. nevertheless, damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation the penalty may be enforced only when it is demandable in accordance ...

  7. www.projectjurisprudence.com › 2018 › 09Obligations with a penal clause - PROJECT JURISPRUDENCE

    Sep 19, 2018 · Remember, as a general rule, the stipulated fine substitutes the payment for damages and fines. However, the parties may stipulate to override the general rule. The general rule likewise does not apply if the debtor refuses to pay the agreed penalty or if the debtor is guilty of fraud in the fulfillment of the obligation.

  8. People also ask

  9. hrmars.com › papers_submitted › 2874The Penalty Clause: Theoretical and Practical Matters - HRMARS

    nullity of the principal obligation also entails that of the penalty clause. 1.5. The creditor’s right of option Art 1538 (2) of the Civil Code provides for the right of the creditor to make an option in the event of the debtor's failure to perform the obligation, for the enforced execution in kind of the principal obligation and the ...