Lease Termination Upon Bankruptcy Upheld Against Penalty Claim

A party appealed a lower court's decision that upheld a contractual stipulation providing for the automatic termination of a lease upon the lessee's bankruptcy, arguing the clause was a penalty and thus invalid under the relevant civil code articles concerning termination clauses. The high court rejected the appeal, reasoning that a stipulation providing for the automatic dissolution of a lease upon the lessee's bankruptcy does not constitute a penalty, as it does not impose a supplemental obligation or a charge on the debtor for delayed performance, but rather suspends the obligations of the parties due to a change in circumstances that was anticipated and agreed upon contractually.