The creditor may not demand performance of both the penalty and the obligation to which the penalty attaches.
Civil Code
2015 English source edition · Current applicability not established.
This is the 2015 English-language edition attributed in its front matter to the Ministry of Justice. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force. Nine passages are incomplete in the available scan and are identified where they occur.
Article 1509
No compensation for Injury · Preserved transcription; page attribution imported from the source collection. Verify against the original.
That which is owed pursuant to a penalty takes the place of compensation for injury dueby law.
The creditor may not demand performance of the penalty where the non-performance cannot be imputed to the debtor.