Eviction
What is eviction?
The act or process of legally dispossessing a person of land or rental property.
Remedy in case of Hidden Defects: Withdrawal or Rescission plus damages
Accion Redhibitoria
Art. 1578. If the animal should die within _____ days after its purchase, the vendor shall be liable if the disease which cause the death existed at the time of the contract.
Three
The waiver is made by the vendee without the knowledge of the risk of eviction. The vendor shall only pay the value which the thing sold had at the time of eviction.
Waiver Consciente
Remedy in case of Hidden Defects: Proportionate Reduction in the Price plus Damages
Accion Quanti Minores
Prescriptive period for a redhibitory action based on the faults or defects of animals
Forty (40) days from the date of their delivery to the vendee
The waiver is made by the vendee with the knowledge of the risk of eviction and assumed its consequences. The vendor shall not be liable.
Waiver Intencionada
Prescriptive period for a redhibitory action in case of an implied warranty
Six (6) months from delivery
What are the two (2) void sales of animals?
1. Sale of animals suffering from contagious diseases; and
2. Sale of unfit animals
In order that a vendor's liability for eviction may be enforced, the following requisites must concur:
1. There must be a final judgment;
2. The purchaser has been deprived of the whole or part of the thing sold;
3. Said deprivation was by virtue of a right prior to the sale made by the vendor; and
4. The vendor has been summoned and made co-defendant in the suit for eviction at the instance of the vendee.
What are the requisites for Warranty against Hidden Defects?
1. The defect must be hidden;
2. The defect must exist at the time of the perfection of the contract of sale;
3. The defect renders the thing unfit for the use for which it is intended; and
4. It must be instituted within the prescriptive period.
Remedies in case of Redhibitory Defects on Animals
2. Accion Quanti Minores
Requisites for Warranty against Non-apparent burden or Servitude
1. The immovable sold should be encumbered with any non-apparent burden or servitude, not mentioned in the agreement; and
2. The nature of the non-apparent burden or servitude is presumed that the vendee would not have acquired it had he been aware thereof.
When is the vendor not liable for hidden defects?
1. Patent defects or those which may be visible; and
2. Those which are not visible if the vendee is an expert who, by reason of his trade or profession, should have known them.
Effect of Rescission of sale of animal with redhibitory defect
1. The animal shall be returned in the condition in which it was sold and delivered; and
2. The vendee is answerable for any injury due to his negligence.