Mitigation of the contractual penalty by the supreme court (a critical view)

Abstract

The article critically deals with the interpretation of the mitigation right (the judicial right to reduce the disproportionately high contractual penalty agreed to guarantee obligations in the commercial obligations) in the decisions of the Supreme Court. It focuses on the three levels of the mitigation decision analysis used by the Supreme Court.

The article opposes to the conclusion that it is possible not to reduce the contractual penalty which is considered to be disproportionate.

Keywords

• Mitigation
• the
• contractual
• penalty
• the
• supreme
• court
• critical
• view)