EL DEUDOR NO FUSTRA EN SU TOTALIDAD EL INTERÉS DEL ACREEDOR EN EL CUMPLIMIENTO.

Abstract

The moderating faculty granted under article 1154 of the Civil Code operates only when the principal obligation has been partly or irregularly fulfilled by the debtor. Otherwise it would make no sense to set aside the cases in which the court will modify the penalty fairly. It is in such cases where any lack of proportion between the breach of obligation and the penalty must be corrected fairly.