Exigibilidad de la cláusula penal en época de crisis sanitaria

Translated title of the contribution: Enforceability of the penal clause during a health crisis

Olga Alejandra Alcántara Francia

Research output: Contribution to journalArticlepeer-review


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.

Translated title of the contributionEnforceability of the penal clause during a health crisis
Original languageSpanish
Pages (from-to)16-29
Number of pages14
JournalIus et Veritas
Issue number61
StatePublished - 2020
Externally publishedYes


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