The warranty of peaceful possession in sale

Abstract

One of the principal modes of acquisition of property, whether movable or immovable, corporeal or incorporeal, is by means of the institute of sale. As stated by Torrente sale is that contract which has as its object the transfer of the ownership of the thing, or the transfer of any other right (as for example, a right of credit), in exchange for a sum of money ; that is, the price. The institute of sale has been regulated by the various legal systems of the different countries, and it has been juridically established that the vendor has certain obligations. Moreover, all the different legal systems agree on the fact that one of the obligations of the vendor is that of guaranteeing the peaceful possession by the buyer of the thing sold. The fundamental function of the institute of sale consists in causing the buyer to acquire the ownership and free disposibility of the thing sold. Thus, it is important that the thing must not belong to others, in whole or in part. Furthermore, it is equally important that the property be not burdened by any real or personal rights or burdens not declared at the moment of the contract and whose existence the buyer is not in a position to find out.