- If the original contract creating the obligation is invalidated or canceled, the agreement on compensation arising from a breach of this obligation shall in turn be voided or canceled. The agreement on the penal clause is an agreement that follows the original contract creating the obligation.
- If the creditor requests the Specific Performance of the obligation and this implementation is possible for the debtor, it is ruled by the creditor, just as the creditor may not refuse to accept the Specific Performance from the debtor, and insists on collecting the compensation required by the penal clause if the debtor is ready and willing to perform Specific Performance.
- In order to be entitled to the legal compensation stipulated in the penalty clause, the general conditions for eligibility for compensation, namely mistake, damage and the causal link between them and excuses, are required. If one of these conditions is not met, the creditor would not have requested the debtor to the value of the penal clause.