Admisibilidad para solicitar la cláusula penal moratoria y la indemnización por daños y perjuicios.

Abstract

The present legal research work focuses on the theory of the moratorium penal clause, since, through said clause, the interest of the creditor is protected in a timely, temporally exact fulfillment of the previously agreed main obligation. The main objective of the investigation is to propose a moratorium penalty clause and its respective compensation, at the time of constituting a contract. The study collects information from different specialists. Initially, it conceptualizes the generalities of the penal clause. Next, it details the compensatory and moratorium penal clauses. Subsequently, it exposes differences between the moratorium penalty and compensation for damages. Finally, it summarizes comments from Spanish legislation, referring to the penal clause and its replacement by compensation for damages and their respective application. It should be noted that the moratorium penalty charges fines for delays in complying with obligations agreed in contracts with values significantly lower than those that would be agreed upon in compensation for damages.