1062. A penal clause is a secondary obligation by which a person binds himself to pay a penalty in case of his non-performance of the primary one.
1063. The nullity of the primary obligation carries with it that of the penal clause. The nullity of the latter does not carry with it that of the primary obligation.
1064. The creditor may enforce the performance of the primary obligation, if he or she so elect instead of demanding the penalty.
But he or she cannot demand both, unless the penalty has been stipulated for a mere delay in the performance of the primary obligation.
1065. The penalty is not incurred until the debtor is in default of fulfilling the primary obligation, or has done what he or she has bound himself or herself not to do.
1066. The amount of penalty may be reduced by the Court in case of partial fulfilment, or where the full amount would be wholly disproportionate to the injury.
1067. When the primary obligation contracted with a penal clause is indivisible, the penalty is incurred upon the contravention of it by any one of the heirs or other legal representatives of the debtor; and it may be demanded in full against him or her who has contravened it, or against each one of them for his or her share and portion, and hypothecarily for the whole; saving their recourse against him or her who has caused the penalty to be so incurred.
1068. When the primary obligation contracted with a penalty is divisible, the penalty is incurred only by that one of the heirs or other legal representatives of the debtor who contravenes the obligation, and for the part only of the primary obligation which applies to him or her, there being no action against those who have fulfilled their part.
But when the penal clause has been added with the intention that the payment should not be made in parts, and one of the coheirs or other legal representatives has prevented the fulfilment of the obligation for the whole; in this case he or she is liable for the entire penalty. The others are liable for their respective shares only, but have their recourse against him or her.