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Warranty for defects: the interruptive effectiveness of the prescription of extrajudicial events

  • 02/09/2019

With sentence no. 18672 of 11 July, the United Sections of the Court of Cassation affirmed the principle of law according to which, in the sale contract, constitute a suitable interruptive acts of the prescription of the warranty for defects (provided as per article 1495, paragraph 3 of the Civil Code), the extrajudicial manifestations of will of the buyer carried out in the forms as per article 1219, paragraph 1, of the Italian Civil Code.

In the Court's opinion, when making use of the warranty, the buyer submits the seller's obligation pursuant to art. 1476, paragraph 1 num. 3 (which is the warranty for defects in quality) and it must be admitted that he can do it through an extrajudicial manifestation of will.

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