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Penalty Clause Calculator

Calculate the amount of a contractual penalty clause and assess the risk of judicial moderation under Art. 5.88 of the new Belgian Civil Code.

Contract law Art. 5.88 nCC Belgium Free
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Penalty clause (Art. 5.88, new Civil Code) — A contractual provision by which the parties agree in advance on damages in the event of non-performance. Applies automatically without the need to prove actual loss.

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Legal basis: Arts. 5.88 to 5.94 of the new Belgian Civil Code (Law of 13 April 2019, in force since 1 January 2023). The judge may reduce the penalty if it is manifestly excessive compared with the actual loss (Art. 5.89, new Civil Code).

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