La aplicación, objetivos y ejecución de la cláusula penal en los contratos

Abstract

Through the present document we cover essentially the theory of the obligations with penal clause according with the Ecuadorian civil code, and the concept and analysis made by important scholars of private law. Includes a descriptive part with the background and historical development of this important institution, continuing etymology, general concepts and specific, making an analysis of each of articles contained in Title XI of Book IV of our civil code, in which the obligations are treated with penalty clause. Their classification, characteristics, effects, functions, objectives and conditions to be used to provide a penal clause in analyzed. To conclude, we note that by having this institution relation to compensation, it should include de differences that have the penal clause with alternative obligations, optional, conditional and earnest; like also on its extinction and enforceability.