Recognition of Debt and Penalty Clause Validity

An individual, having signed an act of recognition of debt which stipulated a penalty clause for late payment, challenged the validity of this clause, arguing it was excessive and unfairly harmed the debtor. The court rejected the appeal, reasoning that while the role of the judge is to temper penalty clauses deemed excessive in relation to the harm suffered, the penalty stipulated in the written agreement was not manifestly disproportionate to the harm that could result from the non-performance of the obligation, thus upholding the contractual freedom of the parties.