Study Set Content:
What is the definition of eviction?
Any action by a third party who has better rights in the object sold than the buyer, and
who deprives the buyer of the total or partial use, enjoyment and disposal of the object sold, constitutes eviction.
What is the seller obliged to give the buyer concerning evictions?
A warranty against eviction.
Warranty against evictions form part of the what part of a contract of sale and how is it applied?
Part of the Naturale and is applied by operation of law
The contract does not have to contain an...
Express warranty.
The warranty against eviction is imposed as...
ex lege and has nothing to do with the consensus of parties
Can the warranty against eviction be contractually excluded?
No.
Must the reason for eviction already be present at the time of conclusion of the contract?
Yes
When does eviction take place?
Eviction takes place when it appears that the temporary deprivation of possession has become permanent.
Where eviction is merely a threat?
Buyer has no cause of action against the seller.
How many different forms of eviction exist?
Four
First form of eviction
True owner of the object sold claims his property from the buyer.
Second form of eviction
A third party obtains possession of property and the buyer cannot claim this property from
the third party due to a defective title.
Third form of eviction
In terms of the rule that lease goes before sale the buyer is sometimes obliged to allow the lessee to use and enjoy the property until the lease expires.
Fourth form of eviction
The holder of a limited real right (such as the holder of a servitude of right of way), may prevent the buyer from having the full use and enjoyment of the object sold.
The buyer must comply with certain rules...
as soon as eviction threatens
The buyer could lose his cause of action against the seller if he does not comply with the rules, unless..
- He can prove that the title of the seller was defective
- and that the third party would in any case have succeeded with his action for eviction
In the case of eviction the burden of proof rests with?
The buyer not the third party, who has to prove that the title of the seller was defective.
These rules prevent the buyer from?
Immediately relinquishing the object sold to the third party where eviction by the latter threatens
What is the general rule regarding eviction?
The buyer must not surrender the object to someone threatening him with eviction
The buyer must notify who of the threatened eviction?
The seller
