Some responsibility problems regarding property transmission in trade

Abstract

In this article, result of a research, the discussion about the seller responsibility in a contract of sale is established. It is pointed out that the sale can not be reduced to the problem of the obligation of transmitting the property and to the security by eviction by deprivation of the thing. Some assumptions are approached: seller in good and bad faith, buyer in good and bad faith, strict obligation of transmitting the thing free of foreign rights (actual, obligational) and of legal limitations opposed to the seller interest protected by the contract, obligation of transmitting free of third’s claims (with or without good evidence), and the charge of assuming the defense (costs and expense of it). It is also analyzed whether the buyer simply knows the juridical defects but waits for the seller to eliminate or repair them; or on the contrary, besides knowing them, s/he accepts to buy the thing with those rights of presumptions of a third person. Finally, some critical contributions to the proposal of reform in the Spanish Law are stated. This reform has been elaborated by the code commission and in it a new system of seller responsibility by juridical defects is adopted in the Spanish Law.