Successive sales of immovable property. Loss of property following the admission of the action for compensation. Liability for eviction. Conditions

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The ancillary nature of the security for eviction to the property conveyed obliges the seller to guarantee for eviction any subsequent sub-debtor. Thus, in a contractual chain (in the hypothesis of successive sales of the property), this means the possibility for any sub-debtor to bring an action for eviction against any previous owner.

This possibility, to file a claim against the first seller or against all sellers, benefits any buyer, who has the right to choose against whom to bring an action for eviction liability and not the obligation to choose the first seller in the chain of successive disposals.

Although the judgment ordering the buyer to leave the immovable property in full ownership and possession to a third party was delivered after the conclusion of the sale-purchase contract, in view of the issue in dispute in the claim action, to the effect that the former owner from whom the immovable property was wrongfully taken has never lost ownership of it, it follows that the condition of the prior cause of eviction for the activation of the seller's guarantee obligation is met. The date on which the court judgment recognizing the third party's right of ownership was delivered is therefore irrelevant, since the former owner's right of ownership never left its estate and therefore existed before the sale.