Article 942. Default interest in the performance of pecuniary obligations

(1) Where moneys are not paid when due, a creditor is entitled to default interest on that amount starting the date immediately following the maturity of the payment and ending on the date when the payment was made, at the rate provided by paragraph (2) or such other rate as provided by special legal provisions.
(2) The rate of default interest equals 5 percentage points per annum above the rate provided in Article 874, when the debtor is a consumer, or 9 percentage points above that rate — in other cases.  Notwithstanding, if before maturity the pecuniary obligation was bearing interest at a rate provided by contract, for the purposes of determining the rate of default interest, the creditor is entitled to replace the rate provided in Article 874 with the rate provided by the contract.
(3) A debtor who is a consumer may prove that the loss incurred by the creditor following the default in payment is less than the statutory rate of default interest.
(4) Where a penalty clauses was stipulated, the creditor may, at its choice, seek either default interest set under this Article or the penalty for delay. Further, a creditor may seek damages for loss incurred to the extent not covered by default interest.
(5) As long as the non-payment of money on maturity is excused, a debtor owes only default interest at the rate provided by Article 874. A debtor who is a consumer owes no such default interest.
(6) Any clause contrary to this Article to the detriment of a consumer is void.