Addiction in the Main Concepts and the Difference Between Ev

[sanjoykumar02]

The redhibitory defect is a term of civil law. Which. As a rule. Is applied to bilateral. Onerous. Commutative and purchase and sale contracts. Also belonging to commercial and consumer law. Which specifies the possibility of existence of a defect in that product. Or well. This defect is understood to be some defect. Which is present there in a hidden way in the thing or good. Of a sale. And of which the buyer would not have been able to become aware when he made the acquisition. In such a way that this defect transforms the use or the destination of this inefficient or inadequate good. Or even reducing its value. Therefore. It is one of the manifestations of the principle of legal certainty. Being a guarantee of the law. Which protects the independent buyer from a contractual provision. Since the seller has to guarantee the use of the product.

So that it achieves its purpose. It is worth noting that. In order to be redibitory. The defect cannot be visible or apparent. But hidden. Hidden. So that it becomes impossible for the acquirer to have knowledge of it on the date of contracting. Redhibitory addiction and eviction. What's the difference? As in the New Zealand Phone Number previous topic. The redhibitory defect is one in which the thing or good has a hidden defect that makes its use inappropriate or that reduces its value. The contracting party can reject it. Demand its repair or the price reduction. Eviction. On the other hand. Deals with the loss of the thing. Whether possession or property. To its legitimate owner. And the recognition in court of the existence of a burden on the same thing. Not duly indicated in the contract.

Those who participate in the eviction are: the alienator. Who transfers the domain of the good through an onerous means; the evicto. Who loses the property and who has the right to claim compensation from the alienator. And the evictor. The true owner of the property who recovers it. Unlike the redhibitory vice. In the eviction the defect is not in the thing. But in its ownership. The eviction also allows for the exclusion of the warranty clause. For eviction to occur. It is necessary: an onerous.