Enforceability of the penal clause during a health crisis
Original title: Exigibilidad de la cláusula penal en época de crisis sanitaria
- Universidad de Lima
Research Output:
Contribution to journal
Article
Peer-review
Open access
Publication Information
Output type
Research Output:
Contribution to journal
Article
Peer-reviewOriginal language
SpanishPages from-to (Number of pages)
Pages 16-29 (14 pages)Journal (Volume, Issue Number)
Ius et Veritas (Volume 2020, Issue 61)Publication milestones
- Published - 2020
Publication status
Published - 2020
ISSN
1995-2929Publication IDs
- Scopus: 85163015823
Abstract
This article presents a reflection on the future of the penal clause, its functions, its usefulness and its validity. With the help of descriptive, hermeneutic-legal and comparative methods, we carry out a review of national and foreign regulations, about the intangibility of the contract, the moderating power of the judges and the legislative intervention in the reduction of the penal clause, as a measure temporary as a result of the health crisis.