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.
| Translated title of the contribution | Enforceability of the penal clause during a health crisis |
|---|---|
| Original language | Spanish |
| Pages (from-to) | 16-29 |
| Number of pages | 14 |
| Journal | Ius et Veritas |
| Volume | 2020 |
| Issue number | 61 |
| DOIs | |
| State | Published - 2020 |
| Externally published | Yes |