Cap. 16 Art. 1123Penalty clause in indivisible obligation.

Where the subject-matter of the principal obligation contracted with a penalty clause is an indivisible thing, the penalty is incurred even where only one of the heirs of the debtor infringes the obligation; and in such case, the penalty may be claimed either -

(a) against the defaulter, for the whole amount, or

(b) against each co-heir for his respective share, or, where a hypothecary action is competent, even for the whole amount, saving the right of relief against the defaulter.