en fr
universul juridic magazin
Revista Română de Drept Privat

Efectele bunei-credințe asupra garanției ascendente pentru evicțiune

The purpose of this paper is to analyse the effects of good faith of the successive sellers on the warranty against eviction in a contractual chain. One cannot challenge the objective nature of the evicted buyer’ action in warranty against the direct seller. The dependent existence of the warranty against eviction on the property interest that is conveyed binds the seller to warrant against eviction every subsequent buyer. Within a chain of contracts, this will suppose any subsequent buyer’s possibility to bring action in warranty for eviction against any of the previous sellers. Certainly, this multiplication of the objective warranty owed by all the previous sellers is profitable to the evicted buyer especially when the last seller is insolvent or was discharged from the warranty based on a contractual clause. The rationale of the ascendant action in warranty against eviction was to prevent a series of successive actions in which the seller objectively held liable for eviction would bring action against his seller, and all the other previous sellers would in their turn bring action against their sellers, until the original seller would eventually be held liable. The original seller is the one who knew the cause of eviction or who provoked it, i.e. he acted in bad faith. If we admit the possibility of intermediary sellers to demonstrate the earlier existence of the cause of eviction, this means that it is fault that will actually determine the ascendant liability for eviction. Liability will only be objective in the cases where the subjective liability of the initial seller may not be engaged.