LA PESTILENTIA AEDIUM PASSEE SOUS SILENCE : VICE REDHIBITOIRE OU INACCOMPLISSEMENT CONTRACTUEL?
THE UNREVEALED PESTILENTIA AEDIUM: REDHIBITORY DEFAULT OR CONTRACTUAL NON-PERFORMANCE?

Summary/Abstract: The unrevealed pestilentia aedium: redhibitory default or contractual non-performance? The border between the redhibitory default and the contractual non performance regarding the insalubrity of a building that was not disclosed by the seller, is difficult to delimit because, in fact, it can be situated between both: either insisting in the fraud by the latter in order to claim for compensation for the benefit of the buyer, or on the substantial error of the latter, caused by the cheat of the seller, so as to declare the nullity of the sale of something that was not delivered.

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