Penal clause is important tool for ensuring the enforcement of obligations, very significantly and profitable to the civil legal stability contract.Different views are presented and discussed in the literature regarding the essence of the penalty clause. In some works, penal clause is regarded as one of the main guarantees known in civil law. In others, it is studied in relation for safeguarding the obligations. Creditor with a penalty clause is not guaranteed creditor, which, in addition to general pledge, which conferrs certain powers consist of either a priority over other creditors, or the possibility that in case of default by the borrower, to follow another person who was obliged to execute it was for the debtor’s obligation. But it is an unsecured creditor in the coming contest with other creditors, having no preference right.