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The general rule is that where a penal clause is provided for, such penal clause or penalty already takes the place of the payment of

  1. The general rule is that where a penal clause is provided for, such penal clause or penalty already takes the place of the payment of interest or indemnity for damages. Which of these is an exception to the rule?

When the debtor commits fraud in the fulfillment of the obligation.

All of the above.

When the debtor defaults in the payment of the penalty.

Where there is an stipulation to the effect.

  1. Strictly speaking, which of those should not anymore be considered an innominate contract?

Facio ut facias or I make that you make.

Do ut facias or I give that you make;

Do ut des or I give that you give;

Facio ut des or I make that you give;

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