In this section, the lawyer. De Valeri gives a brief explanation of terms and institutions of the right to use the applicant.
Readers can intervene by sharing their experiences related to the subject. Those who wish may request further clarification from the mail studiolegaledevaleri@gmail.com .
The warranty for defects in the sale.
Readers can intervene by sharing their experiences related to the subject. Those who wish may request further clarification from the mail studiolegaledevaleri@gmail.com .
The warranty for defects in the sale.
The sale is a contract under which it transfers ownership of one thing or another law on payment of a price ( art. 1470 Civil Code). One who sells
is required to ensure that the thing sold has defects which make it unsuitable for the intended use or likely to impair the value significantly.
If the seller in bad faith did not inform the buyer about the defects of the agreement which limits or excludes the guarantee has no value. ( art. 1490 Civil Code).
The warranty is not due in two cases: if the buyer knew the defects at the time of concluding the contract or if the defects were easily recognizable and the seller had not declared that it was exempt from them ( art. 1491 Civil Code ).
The buyer assuming the existence of defects of vigendo the warranty may rescind the contract or reduction of the price paid to the seller.
If the thing being sold is destroyed as a result of defects the buyer has the right to termination, if on the contrary it is to perish by accident or through his own fault, has been resold to third parties or converted, the buyer may ask for only the reduction price ( art. 1492 Civil Code).
Obviously if the sales contract is resolved the seller must repay the sums received by way of price and refund the buyer any costs incurred for the sale while the latter must return it unless this is not perished because of the defects ( art. 1493 Civil Code).
The seller must still pay compensation to the buyer except to prove that he did not know the defects of no fault of their own. If existing
the seller must also compensate the damage caused by defects of the comparator ( art. 1494 Civil Code).
Of crucial importance is finally the art. 1495 of the Civil Code. The buyer must denounce
within eight days of discovering the defects if the seller does not want to invalidate the warranty claim, unless the parties have agreed a longer period than the law or otherwise.
is required to ensure that the thing sold has defects which make it unsuitable for the intended use or likely to impair the value significantly.
If the seller in bad faith did not inform the buyer about the defects of the agreement which limits or excludes the guarantee has no value. ( art. 1490 Civil Code).
The warranty is not due in two cases: if the buyer knew the defects at the time of concluding the contract or if the defects were easily recognizable and the seller had not declared that it was exempt from them ( art. 1491 Civil Code ).
The buyer assuming the existence of defects of vigendo the warranty may rescind the contract or reduction of the price paid to the seller.
If the thing being sold is destroyed as a result of defects the buyer has the right to termination, if on the contrary it is to perish by accident or through his own fault, has been resold to third parties or converted, the buyer may ask for only the reduction price ( art. 1492 Civil Code).
Obviously if the sales contract is resolved the seller must repay the sums received by way of price and refund the buyer any costs incurred for the sale while the latter must return it unless this is not perished because of the defects ( art. 1493 Civil Code).
The seller must still pay compensation to the buyer except to prove that he did not know the defects of no fault of their own. If existing
the seller must also compensate the damage caused by defects of the comparator ( art. 1494 Civil Code).
Of crucial importance is finally the art. 1495 of the Civil Code. The buyer must denounce
within eight days of discovering the defects if the seller does not want to invalidate the warranty claim, unless the parties have agreed a longer period than the law or otherwise.
remember that notwithstanding this short term but only for sales of goods to consumers , excluding the sale or between private companies, the law provides that the complaint could be made within two months from the discovery of the defect and the cover is two-year ( Leg 206. / 2005 cd. Consumer Code).
The complaint is not required if the vendor has acknowledged the existence of defects or have them hidden. In the courts, the buyer must act within one year after delivery of the thing, if defaulting is sued by seller for the execution of the contract can enforce the guarantee only if he denounced any material defect within eight days after discovery and before course of one year after delivery.
The complaint is not required if the vendor has acknowledged the existence of defects or have them hidden. In the courts, the buyer must act within one year after delivery of the thing, if defaulting is sued by seller for the execution of the contract can enforce the guarantee only if he denounced any material defect within eight days after discovery and before course of one year after delivery.
Course un anno il diritto è prescritto, ovvero si estingue poichè il titolare non lo ha esercitato entro il termine fissato dalla legge.
In conclusione una curiosità: se la vendita ha oggetto un animale è operativa e come la garanzia per i vizi ? La risposta è positiva e l'art. 1496 stabilisce che è regolata da leggi speciali o, in difetto, dagli usi locali, in mancanza di entrambi si applicano le regole degli articoli precedenti.
In conclusione una curiosità: se la vendita ha oggetto un animale è operativa e come la garanzia per i vizi ? La risposta è positiva e l'art. 1496 stabilisce che è regolata da leggi speciali o, in difetto, dagli usi locali, in mancanza di entrambi si applicano le regole degli articoli precedenti.
