Publication at Faculty of Mathematics and Physics, Faculty of Law |
2014
Abstract
The article deals with the question whether it is possible to claim simultaneously damages and contractual penalty if the the relevant contract obligation was strenghtened by the contractual penalty. The article reaches the conclusion that although the legal regulation as set in the law does not enable to claim simultaneously damages and contractual penalty for breaching a single obligation, the contractual parties are free to negoatiate a different regulation and to enable to claim simultaneously damages and contractual penalty.