penalty clauses

10:04 Aug 4, 2017 

Αρ. 404: "Ο οφειλέτης μπορεί να υποσχεθεί στο δανειστή ως ποινή χρηματικό ποσό ή κάτι άλλο (ποινική ρήτρα), για την περίπτωση που δεν θα εκπλή­ρωνε ή που δεν θα εκπλήρωνε προσηκόντως την παροχή".

Ο όρος ποινική ρήτρα (Ελληνικό Δίκαιο) ΟΡΙΖΕΤΑΙ ΜΕ ΣΑΦΗΝΕΙΑ και χρησιμοποιείται αποκλειστικά για συμβάσεις. Ο όρος penalty clause (Αγγλικό Δίκαιο) είναι πιο ευρύς και δεν περιορίζεται μόνο σε συμβάσεις και στο Αστικό Δίκαιο.

08:22 Aug 4, 2017 

@Nadia-Anastasia. Referring to your latest e-mail comments (which unfortunately got lost) I should like to say that ποινική ρήτρα or Penalty clause in English, is NOT necessarily a contractual provision. the Engl. term is misleading because de facto it is only a fine (Konventionalstrafe in German).In the present case a truancy fine.

13:09 Aug 3, 2017 

I dont see any necessity for withdrawing the question. If you want "clause" to be translated, just put "ρήτρα επιβολής προστίμου ή χρηματικής ποινής (κατά του Αθ.Γ. Καίσης) και γνωστοποίση για την επιβολή προστίμου( για notice).

11:51 Aug 3, 2017 

I delete this question. I am going to start again asking the question for "penalty clauses". I apologize for any inconvenience caused.

09:54 Aug 3, 2017 

@ Assimina Vavoula. This is ALL mixed up. I suggest you delete everything and start again asking 2 questions, if you want both Terms. My opinion. You cannot accept 'Penalty Clause' as, ' γνωστοποίηση σχετικά με την επιβολή πρόστιμα ή χρρηματικής ποινής'. 'Clause' is NOT a 'Notice' and visa-versa.

06:29 Aug 3, 2017 

both terms, Transphy.
Unfortunately, by mistakes, I used the context of "penalty notices" for "penalty clauses"/ Sorry...

22:59 Aug 2, 2017 

@ Assimina Vavoula. You should specify which one you want. 'Penalty clause',
OR 'Penalty Notice'??? The two are different. The former is a Clause in the 1996 Legislation. The latter is a written Notice the headmaster sent, to remind parents of that Clause'

22:53 Aug 2, 2017 

There is a confusion here. The ''asked' is 'penalty clause'. In the text given, the talk is of 'Penalty Notice'. Now, what is implied, is a the Government Circular to Schools, where parents cannot take their children away from classes anytime they like. Therefore, Government inserted a 'Penalty Clause', which says that if the children are away, without permission, the parents should be fined £60. Now, some children broke this rule and the Headteacher sent a 'Penalty Notice' to the parents, as per the Government Rule. The two terms are different. The 'Penalty Clause' is written in the Government legislation, and the headteacher sent a Notice to the parents telling them they have to pay a penalty for their misdemeanour. That's TWO different things. Asker should say what she wants.

22:06 Aug 2, 2017 

In the same way, if a Builder agrees to finish a job at a certain date,. there usually is a 'Penalty Clause' which says,. 'that any delay in the completion of the Job' the Builder will be liable to a 'Penalty' of a sum of, say, 500 Euros per day compensation to the owner.

21:52 Aug 2, 2017 

'Penalty notices' are different to 'Penalty Clauses'. The latter are found in Financial Contracts, where a clause is included to say that, if one borrows an amount of money, to be repaid by monthly Installments, over 10 yrs., if the borrower were able to repay the whole of the loan, say, over a period of only 5 yrs. Then the lender would loose interest on the remaining 5yrs. of the term of 10yrs. the loan was meant to last. As a consequence of this loss, the lender imposes an ' early repayment 'Penalty clause'', of a stated, in the contract, sum of money, as a compensation for that loss of interest the lender is taking, because the contract has been terminated earlier than agreed.

15:16 Aug 2, 2017 

I am writing to you following previous correspondence dated 15.06.17 where you were given 15 school days from 19.06.17 for ΧΧΧ to improve his/her attendance.

As your son/daughter has accumulated further unauthorised absence(s) within the 15 school days stated above, I have issued you with the enclosed penalty notice. Please read the notice carefully as it states the offence and the methods of payment.

The date of issue of the Notice is 2nd August 2017. The deemed date of service (receipt) is therefore 4th August 2017. I wish to remind you that the penalty is £60 if paid by 24th August 2017, or £120 if paid after 24th August 2017 but by 31st August 2017. You may be prosecuted in the magistrates courts for this offence should you fail to pay the fine by the closing date.

Please note that where there is more than one parent/carer liable for this offence, separate notices are issued to each person, per individual child, ie there are no duplicate letters and each penalty [and associated total invoice] you and, where applicable, your spouse/partner receive must be paid.