الشرط الجزائي وسلطة القاضي وفقاً لأحكام القانون الليبي

Abstract

    The judge obligated to role a compensation that were agreed between the two parties of the contact which is included in the penalty clause or that was agreed in the later agreement, considering to the principle of power of will, and respecting to the principle of that the contract of the contracting parties, in order of guarantee fulfill the contract and even not delaying that, moreover, the judge may reduce the penalty clause -unlike the regulars rules- when the contract has been partly fulfilled or it was more than usual amount, also, the judge could produce compensation  if the damage was more than what could be expected by the time of contracting, if that was because fraud or massive error, all that is not pounded to the judge which is meant it is not form the public legal system.