Enforceability of the penal clause during a health crisis

Alcántara Francia O.A. · Ius et Veritas (2020) · DOI: 10.18800/iusetveritas.202002.001

Resumen

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.

Instituciones: Universidad de Lima