Lex Rex Ph

Redhibitory Defect

Are those defects in the article sold which the seller is bound to warrant. Such defects render the thing sold as (1) unfit for the use it was intended; (2) diminish its fitness to the extent that if the vendee had been aware of it, he would either not acquire it or paid a lower price. It must be hidden or not obvious by reasonable, careful, and ordinary inspection. The vendor is not liable for patent or obvious defects. It must be of certain importance and not just because a seller doesn’t like it, or it has some minor defect. It must also exist at the time of sale. An example is when a seller covers a crack in a flower vase using art or paint. (Article 1561 NCC)

Redhibition

is the avoidance of a sale on account of some vice or defect in the thing sold which renders its use impossible or should the buyer have known it, he would not have bought it or only paid a lower price.

Redhibitory Action

An action instituted to avoid a sale on account of some vice or defect in the thing sold which renders it impossible.

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