Morals of the Church
Library › Wouters, Manual of Moral Theology › Volume I › Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues › Treatise II. On the Cultivation of the Moral Virtues › Dissertation I. On the Precepts of the Decalogue › Part VII. On the Seventh and Tenth Precepts of the Decalogue › Section I. On Commutative Justice Itself › Chapter II. On Commutative Justice in Contracts › Article I. On Contracts Generally › § VI. On the Effects of Contract

point — Wouters, Manual of Moral Theology

Point VI. On the Effects of a Contract under a Penalty

856.

I. Notion. A contract under a penalty is had when a fine is added to the contract, to be paid for omission or delay of execution.

The Effects of a Contract under a Penalty

857.

II. Effects. 1. If the penalty has been established because of omission, the creditor can demand either execution of the contract or the penalty; if it has been established only because of delay, he can demand both, that is, both execution of the contract and the penalty.

  1. The penalty does not oblige unless there has been at least juridical fault; theological fault is not required.

  2. The penalty is owed before the sentence of the judge, yet not before it is sought by the creditor; for such is presumed to be the intention of the contracting parties.

The Effects of a Contract under a Penalty