Page 542 - Important Provisions of The New Civil Code
P. 542

LIQUIDATED DAMAGES





        Article  2226.  Liquidated  damages  are  those



        agreed upon by the parties to a contract, to be


        paid in case of breach thereof.




        Article  2227.  Liquidated  damages,  whether


        intended as an indemnity or a penalty, shall be



        equitably  reduced  if  they  are  iniquitous  or


        unconscionable.




        Article 2228. When the breach of the contract


        committed  by  the  defendant  is  not  the  one



        contemplated by the parties in agreeing upon


        the liquidated damages, the law shall determine


        the  measure  of  damages,  and  not  the



        stipulation.
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