VI GC 177/14
AI generated
Court partially allowed claim by reducing excessive contractual penalty to half under Civil Code provisions.
Legislator summary
AI generatedThe court partially dismissed the plaintiff's claim for the full contractual penalty while awarding half of the claimed amount. The defendant argued for the full penalty based on the contract terms, but the plaintiff contended the delay was caused by construction work and the penalty was disproportionately high. The court ruled that the penalty was unreasonably excessive given the short delay and lack of proven damages, applying the statutory right to mitigate the penalty by half.
Legislator headnote
AI generatedArt. 484 ust. 2 k.c.; Art. 481 k.c.: Where a contractual penalty is unreasonably excessive, the court may mitigate it, typically by reducing it to half the amount claimed, provided the delay was not solely attributable to the debtor.
Keywords
AI generated
excessive contractual penalty
mitigation of damages
unreasonable penalty reduction
contractual delay
civil code mitigation
Cited Legislation
AI generatedArt. 484 ust. 2 k.c.
Art. 481 k.c.
Art. 100 k.p.c.