Cap. 16 Art. 1121When penalty becomes due.

(1) Where the obligation consists in forbearing to do something, the penalty becomes due as soon as the contravention takes place.

(2) Where the obligation could not be performed except at a certain time, the penalty shall be incurred as soon as such time expires, unless another time has been fixed by agreement.

(3) In any other case, the penalty shall be incurred when the debtor is put in default as provided in article 1130.