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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

A buyer demands both specific fulfillment and a penalty under a clause that does not clearly grant cumulative relief. No Article 1227 impossibility qualification applies. What rule matters?

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A penalty always extinguishes performance The debtor can dictate any price The creditor needs no contractual right to cumulative relief The creditor cannot demand both at the same time unless that right was clearly granted

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