ARTICLE 1227-1228

• Can a debtor exempt himself from the performance of the obligation by paying the penalty?


  No, unless this right has been expressly reserved for him.
• What happens if the creditor demands both the fulfillment of the obligation and the penalty at the same time?


  The creditor cannot demand both unless this right has been clearly granted to him.
• What occurs if the performance of the obligation becomes impossible without the creditor's fault?


  The penalty may still be enforced.
• Under what condition can a debtor evade payment of the principal obligation by paying the penalty?


  When the debtor is expressly granted the right to substitute the penalty for the principal obligation.
• What are the conditions under which a creditor can demand both the principal obligation and the penalty?


  • The creditor was clearly given the right to enforce both.
  • The creditor has demanded fulfillment of the obligation but it cannot be fulfilled due to:
  • Debtor's fault: creditor may demand the penalty.
  • Creditor's fault: creditor cannot claim the penalty.
  • Fortuitous event: both principal obligation and penalty are extinguished.
• Is proof of actual damages necessary for the creditor to demand the penalty?


  No, proof of actual damages is not necessary.
• What entitles the creditor to the penalty stipulated in the contract?


  The mere non-fulfillment of the principal obligation entitles the creditor to the penalty.
• What is the purpose of the penalty clause in a contract?


  To avoid proving damages when the agreement is breached.
• What happens when an obligation with a penalty clause is breached?


  • The creditor is entitled to the stipulated penalty.
  • No proof of actual damages is required.
  • The penalty clause serves to simplify the enforcement of obligations.