The penalty clause and the protection of the consumers

Abstract

The  penal  clause  reinforces  the  principal  obligation,  allowing  the creditor  in case of breach,  that one  demands  without  need to prove  the  existence and quantity of the hurt.  A function fulfills indemnification, besides coercive that, it coincides  with a wide  and complex  typology of clauses  that  they  differ  in his content and effects. It operates in different types of successive contracts of treatment—as the relative ones to the maintenance and conservation of elevators—, raising problems of interpretation, practical application and, specially of validity, especially when it is a question general conditions as a low contract, where they enter game the mechanisms of control of transparency imbalance. The present study is going to centre on an analysis of the penal clause, his operability on the contracting under general conditions opposite to the contracting for negotiation and, on the possibility or not of his moderation.