Selected Cases by Article & Issues
Article 7.2.40 Cases
(1) Where the court orders a party to perform, it may also direct that this party pay a penalty if it does not comply with the order.
(2) The penalty shall be paid to the aggrieved party unless mandatory provisions of the law of the forum provide otherwise. Payment of the penalty to the aggrieved party does not exclude any claim for damages.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Judicial penalty imposed by court | |
| 1.1 | Judicial penalty to be paid to aggrieved party | |
| 1.1.1 | Exceptions due to mandatory provisions of lex fori | |
| 2 | Judicial penalty does not exclude claim for damages |