straffeklausul

A straffeklausul, often translated as a penalty clause or forfeiture clause, is a contractual provision that specifies predetermined consequences for a breach of contract. These consequences can take various forms, such as a fixed sum of money, forfeiture of a deposit, or specific performance. The primary purpose of a straffeklausul is to provide certainty and a clear remedy for non-performance, potentially avoiding lengthy and costly litigation to determine damages.

In many legal systems, straffeklausuler are subject to judicial review to ensure they are not punitive in nature. Courts may scrutinize such clauses to determine if they represent a genuine pre-estimate of loss or if they are intended as a penalty to coerce performance. If deemed excessive or punitive, a straffeklausul may be deemed unenforceable, and the non-breaching party would then need to prove their actual damages. The enforceability and interpretation of these clauses can vary significantly depending on the jurisdiction and the specific wording of the contract. They are commonly found in construction contracts, lease agreements, and commercial transactions.