Expropriation Rendering Impossible Performance of Primary Obligation Precludes Enforcement of Accessory Penalty Clause

Expropriation Rendering Impossible Performance of Primary Obligation Precludes Enforcement of Accessory Penalty Clause: A contract for the sale of property was concluded, but the final deed of sale, which included a stipulated penalty clause for delayed execution, was only signed after the property had been entirely expropriated by a public entity, rendering the obligation to transfer ownership impossible to fulfill; the court held that because the subsequent expropriation made the specific performance of the main obligation impossible before the penalty clause could be triggered by a delay in execution, the penalty clause, being accessory to the primary obligation, could not be enforced against the seller, leading to the cassation of the lower court's decision.