CHAPTER 8. EVICTION Art. 2500. Eviction, definition, scope of warranty The seller warrants the buyer against eviction, which is the buyer’s loss of, or danger of losing, the whole or part of the thing sold because of a third person’s right that existed at the time of the sale. The warranty also covers encumbrances on […]
Art. 2501. [Reserved]
Art. 2502. Transfer of rights to a thing A person may transfer to another whatever rights to a thing he may then have, without warranting the existence of any such rights. In such a case the transferor does not owe restitution of the price to the transferee in case of eviction, nor may that transfer […]
Art. 2503. Modification or exclusion of warranty, seller’s liability for personal acts, restitution of price in case of eviction The warranty against eviction is implied in every sale. Nevertheless, the parties may agree to increase or to limit the warranty. They may also agree to an exclusion of the warranty, but even in that case […]
Art. 2504. [Reserved]
Art. 2505. [Reserved]
Art. 2506. Rights of buyer against seller in case of eviction A buyer who avails himself of the warranty against eviction may recover from the seller the price he paid, the value of any fruits he had to return to the third person who evicted him, and also other damages sustained because of the eviction […]
Art. 2507. Restitution of full price despite deterioration, deduction of damage when benefit to buyer A seller liable for eviction must return the full price to the buyer even if, at the time of the eviction, the value of the thing has been diminished due to any cause including the buyer’s neglect. Nevertheless, if the […]
Art. 2508. [Reserved]
Art. 2509. Reimbursement to buyer for useful improvements, liability of seller in bad faith A seller liable for eviction must reimburse the buyer for the cost of useful improvements to the thing made by the buyer. If the seller knew at the time of the sale that the thing belonged to a third person, he […]
Art. 2510. [Reserved]
Art. 2511. Partial eviction, rights of buyer When the buyer is evicted from only a part of the thing sold, he may obtain rescission of the sale if he would not have bought the thing without that part. If the sale is not rescinded, the buyer is entitled to a diminution of the price in […]
Art. 2512. Warranty against eviction from proceeds The warranty against eviction extends also to those things that proceed from the thing sold. Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
Art. 2513. Scope of warranty in sale of succession rights In a sale of a right of succession, the warranty against eviction extends only to the right to succeed the decedent, which entitles the buyer to those things that are, in fact, a part of the estate, but it does not extend to any particular […]
Art. 2514. [Reserved]
Art. 2515. [Reserved]
Art. 2516. [Reserved]
Art. 2517. Call in warranty, failure of buyer to call seller in warranty, suit to quiet possession A buyer threatened with eviction must give timely notice of the threat to the seller. If a suit for eviction has been brought against the buyer, his calling in the seller to defend that suit amounts to such […]
Art. 2518. [Reserved]
Art. 2519. [Reserved]
