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HCCJ. The prescription of the right of the action for warranty against eviction

The High Court of Justice and Cassation ruled that the prescription of the right of the action for warranty against eviction doesn’t begin on the date when it was stated the nullity of the seller’s title, but from the date when the buyer has been disturbed effectively in the exercise of its possession on the immovable by the third of which property right has been recognized in the dispute of stating the nullity of the seller’s title, because the eviction means the guarantee for peaceful possession and the usage of the sold good. In the particular case, the High Court said that: “the effective disturbance of the buyers claimants in their possession of the good bought from the state occurred when the third sent the notification by which it affirmed its right of property and asked them to hang the immovable under the sanction of the evacuation action, this being a disturbance by right, because it was grounded on a judicial pretention of the third- the exercise of the evacuation action, which made the buyers to hang the immovable without going to court and to give the immovable to the third. ” (Decision no. 320 from 29th  January 2015 ruled in recourse by the First Civil Section of the High Court of Cassation and Justice  having as object damages for eviction responsibility)

:: The Source: JURIDICE.ro

Raluca-Andreea TRÎNCĂ-GĂVAN

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