Obligations with a Penal Clause

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1. After a creditor elects fulfillment, performance becomes impossible without the creditor’s fault. What does Article 122…
2. A contract fixes a penalty for missing a delivery deadline. The parties validly extend that deadline, and the new date …
3. A debtor refuses to pay a legally demandable penalty and claims the default substitute rule always prevents any damages…
4. The creditor initially elects performance, with no clause granting simultaneous performance and penalty. Performance th…
5. A creditor proves fraudulent fulfillment and compensable additional loss. The debtor invokes the penalty as an absolute…
6. Distinguish demandability of a penalty from proof of actual damages.
7. Explain the later-impossibility qualification after a creditor has chosen fulfillment.
8. Discuss refusal to pay the penalty and fraud as exceptions to Article 1226’s substitute rule.