Abstract
The author critically examines the various theses about the judicial review of an «extremely modest» penalty clause. After a comparison with the French legal system, the author argues that such review is allowed by the direct application of Art. 1229 of the Civil Code to the penalty clause, where the agreed amount is significantly lower than the foreseeable damage. Furthermore, an analysis is drawn of the effects that the provision of nullity under Art. 1229 may have in such a case, with the aim of maintaining the benefits granted by the penalty to the creditor.
| Translated title of the contribution | [Autom. eng. transl.] The problem of the "derisory" penalty in the perspective of the exemption from liability clauses |
|---|---|
| Original language | Italian |
| Pages (from-to) | 143-153 |
| Number of pages | 11 |
| Journal | PACTUM |
| Publication status | Published - 2022 |
Keywords
- Clausola penale
- Clausole di limitazione della responsabilità
- Danno prevedibile
- Exemption Clauses
- Extremely modest Penalty Clause
- Foreseeable Damage
- Penale irrisoria
- Penalty Clause