Rights of the vendee against the vendor in case eviction occurs Art 1555 1

Rights of the vendee against the vendor in case

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Rights of the vendee against the vendor in case eviction occurs (Art. 1555) 1. return of the value of the thing sold at the time of eviction; 2. income or fruits if he has been ordered to deliver them to the party who won the suit against him; 3. costs of the suit; 4. expenses of the contract; 5. damages and interests and ornamental expenses if the sale was made in bad faith. Redhibition Redhibitory action Redhibitory vice or defect – the avoidance of a sale on account of some vice or defect in the thing sold, which renders its use impossible, or so inconvenient and imperfect that it must be supposed that the buyer would not have purchased it had he known of the vice. – an action instituted to avoid a sale on account of some vice or defect in the thing sold which renders its use impossible, or so inconvenient and imperfect that it must be supposed that the buyer would not have purchased it had he known of the vice. The object is the rescission of the contract. If the object is to procure the return of a part of the purchase price paid by the vendee, the remedy is known as accion minoris or estimatoris . – a defect in the article sold against which defect the seller is bound to warrant. The vice or defect must constitute an imperfection, a defect in its nature, of certain importance; and a minor defect does not five rise to redhibition. The mere absence of a certain quality in the thing sold which the vendee thought it to contain is not necessarily a redhibitory defect. One thing is that is positively suffers from certain defects . Doctrines of caveat venditor and caveat emptor Caveat venditor (Let the seller beware) Caveat emptor (Let the buyer beware) – the vendor is liable to the vendee for any hidden faults or defects in the thing sold, even though he was not aware thereof (Art. 1566).- Based on the principle that a sound price warrants a sound article. – applies in sheriff’s sale, sales of animals, and tax sales, for there is no warranty of title or quality on the part of the seller in such sales. – Also applies in double sales of property where the issue is who between two vendees
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has a better right to the property . – Requires the purchaser to be aware of the supposed title of the vendor and one who buys without checking the vendor’s title takes all the risks and losses consequent to such failure [Solvoso vs. Tanega, 87 SCRA 349]. Alternative remedies of the buyer to enforce warranty (Art. 1567): 1. Accion redhibitoria – to withdraw from the contract 2. Accion quanti minoris – demand a proportionate reduction of the price, with a right to damages in either case Effect of loss of thing sold on account of hidden defects (Art. 1568) If the vendor was aware of the hidden defects in consequence of which the thing sold was lost, he shall bear the loss because he acted in bad faith. In such case, the vendee has the right to recover: (a) the expenses of the price paid b) the contract; and (c) damages.
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