Cap. 16 Art. 1122Abatement or mitigation of penalty.

(1) It shall not be lawful for the court to abate or mitigate the penalty except in the following cases:

(a) if the debtor has performed the obligation in part, and the creditor has expressly accepted the part so performed;

(b) if the debtor has performed the obligation in part, and the part so performed, having regard to the particular circumstances of the creditor, is manifestly useful to the latter. In any such case, however, an abatement cannot be made if the debtor, in undertaking to pay the penalty, has expressly waived his right to any abatement or if the penalty has been stipulated in consideration of mere delay.

(2) Where an abatement is to be made under this article, the penalty shall be reduced in proportion to the unperformed part of the obligation.