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» Economics » Punishment » Topics begins with C » Contractual penalty

Page modified: Tuesday, July 12, 2011 23:54:20

The contractual penalty (also conventional penalty called) is the contracting party firmly assured a sum of money if the promise its contractual obligations not or not in due way fulfills.

German right

"§"§ the 339 FF contains a legal regulation in Germany. BGB. It is alterable by a contractual contract between the contracting parties.

The sense of such punishing promises is it, which debtors to a contractual behavior to move (arguments). Besides the creditor can make the conventional penalty valid in case of the breach of contract as minimum damage, without being dependent on contractual or legal requirements, during their asserting it for the height of the concrete damage proof requiring would be.

Agreements to contractual penalties often are

  • in the industrial law (see below)
  • in the work contract, in particular in the building contract, or in the contract for work and materials
  • in contracts between buyers
  • in punish-reinforced omission explanations (warning compares)

Industrial law

The contractual penalty is in the industrial law a means, in order to secure itself the fulfilment of contractual obligations by the employee. A such measure is conceivable

  • with the Nichtantreten of a place
  • when leaving the enterprise without keeping the term of notice
  • with the offence against obligations to secrecy

The contractual penalty must be in the work contract expressly formulated and well readably emphasized. The height of the punishment is to be specified before. It should not normally exceed a monthly salary.

Austrian right

The conventional penalty is a kind pauschalierter compensation, which must be contractually agreed upon. It is to be carried out, if the appropriate contractual achievement were not kept (duly). It serves thus the reinforcement of contractual obligations.

In the civil right it does not exclude large harming replacement in the Zweifen, in the commercial law (full buyer) against it

The conventional penalty is independent of the actual entrance and range of a damage; also the remaining conditions of the "normal" compensation such as causality, and illegality are irrelevant. Of importance actual only, but nevertheless - being to blame for; this in addition, only if nothing else were agreed upon.

The creditor saves thus for "normal" compensation necessary proof of damage, causality, and illegality, where also the sense and purpose of the conventional penalty lie: It is a for offences against clauses of a contract, which can be handled simply; the min under difficult proof of damage and extent of the damage is void. E.g. the building master A assured the completion of a building to 1,1. and for each day delay a conventional penalty of "€ 1000,-- accepted and if it finishes the building only on 15.1., then B needs only a being to blame for (e.g. Negligence) of A prove, around "€ the 14.000,-- Punishment demand to be able.

Practical application finds the conventional penalty in particular in construction industry (work contracts), in addition, in the industrial law and in the rental law.

Articles in category "Contractual penalty"

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