The conventional private penalties in the Portuguese-speaking legal reality

Abstract

The purpose of this essay is to present the notion of conventional private penalties, using for this purpose the Portuguese-speaking legal reality. Thus, initially it will be presented the notion and classification of the private penalties, to later be shown the main figures that make up the class of the conventional private penalties. Later, the contemporary notion of the penalty clause and the earnest money will be pointed, to demonstrate the overcoming of the unitary theory, and the existence of coercive species of each figure. At the end, these species will be framed in the class of conventional private penalties, presenting their main characteristics, dynamics, and practical importance.