7. Răspunderea vânzătorului. Evicţiune parţială. Termen de prescripţie a acţiunii în angajarea răspunderii. Modalitatea de operare a garanţiei
7. Seller's liability. Partial eviction. Limitation period for the action in engaging liability. How the guarantee operates

Summary/Abstract: The date of the claim issued by a third party in relation to the property right cannot be equivalent to the moment of the birth itself of the subjective right to action for compensation for damages caused to the buyer by eviction, this moment being placed at the final and irrevocable stay of the court decision that lacks legal effectiveness of the real right acquired by the latter. The buyer has the right to choose between requesting the termination of the sale purchase contract when the loss suffered is so significant that the buyer would not have concluded the contract if he had known the real situation, in which case the seller is obliged to pay the price received and compensation as in the case of total eviction (art. 1.347 Civil Code of 1864) or requesting the right to the value of the part lost due to the eviction, the value calculated at the time of the eviction, with the sale purchase contract maintained. Only proof of actual knowledge of the legal situation of the property by the buyer exempts the seller from the obligation to provide a guarantee for eviction.

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