HCCJ. Warranty against eviction. Legal nature

The High Court of Cassation and Justice decided that through the warranty against eviction, the buyer benefits, by law, of the seller promise that will not forfeit any work, either for a cause prior to sale, either through a personal act of the seller, after the sale, namely that will defend the buyer and will indemnify him of any damage if it has occurred.

In this respect, even if sale of the another one’s property is sanctioned by absolute nullity of the act of sale, the warranty obligation does not arise from the sale, but from the seller’s fault, offense or quasi-delict, which transferred a good that does not belong to him. Therefore, in the case of sale of another one’s property, even if the sale is void, the warranty obligation arises from the act whose legal reality can not be disputed, the one the parties had it qualified as a sale, the penalty of nullity of sale can not affect the seller’s responsibility under art. 1337 C. civ., as far as the other conditions are met under the provisions governing liability for eviction, the guarantee being a retroactive effect of the cancellation of the sale. (Decision no. 3482 of 7 November 2014 rendered in the appeal by the Section II Civil of the High Court of Cassation and Justice covering liability for eviction)

:: The Source: JURIDICE.ro


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