11. Contract de vânzare-cumpărare. Acţiune în rezoluţiune. Viciu ascuns. Condiţii de admisibilitate
11. Sale contract. Action for rescission. Hidden defect. Admissibility conditions

Summary/Abstract: If the purchaser requests the termination of the sale contract for the existence of a hidden defect, it must provide proof in this respect, as the seller shall not be liable for apparent defects and defects which the purchaser was able to ascertain itself, according to the provisions of art. 1.353 of the civil Code, namely that the defect may be considered hidden only in the event that the purchaser was not aware of it and could not have been aware of it. Consequently, if prior to the conclusion of the sale contract, the asset was in the purchaser’s possession under a lease agreement, it may not obtain the termination of the contract for the existence of a hidden defect unless it submits proof of the existence of the hidden defect by reason of which the building may not be used according to its destination, and the purchaser’s possibility to become aware of the hidden defect shall be assessed in abstracto, taking into consideration a prudent and diligent purchaser.

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