Abstract:
The debtor must, in principle, voluntarily fulfill his contractual obligation. But, if he
refuses illegitimately to execute his obligation, there exists in French law ways and means to
strike a blow at the debtor's wallet by inflicting so great penalties on him that he will expose
himself to considerable prejudice. In this sense, the penalty payment and the penalty clause
are pressure tactics that represent pecuniary threats to the assets of the debtor who is trying
to escape his obligations. These measures may be pronounced by the justice, secondarily to
a main conviction, or provided for by the parties, in order to force the debtor to default or in
bad faith to voluntarily perform his obligation. The penalty payment and the penalty clause
are incentives to pressure the debtor to compel him to execute his obligation.