Warranty of Title Eviction Statute of Limitations Commencement
Synthèse Legislator
Généré par l'IAA purchaser of goods, having paid the full price, sued the seller for breach of warranty of title after a third party successfully claimed ownership of the goods in court. The buyer sought reimbursement of the purchase price and damages, but the lower court dismissed the claim as being time-barred under the relevant prescription period for warranty actions. The Supreme Court quashed the lower court's decision, reasoning that the statute of limitations for an action based on a warranty against eviction only begins to run from the date the eviction is finalized by a definitive judicial decision, not from the date of the sale or the initial threat to the buyer's possession, thus establishing that the buyer's action was timely initiated following the final judgment confirming the third party's superior title.
Regeste Legislator
Généré par l'IAWarranty of Title Eviction Statute of Limitations Commencement: The buyer sought reimbursement of the purchase price and damages, but the lower court dismissed the claim as being time-barred under the relevant prescription period for warranty actions. The Supreme Court quashed the lower court's decision, reasoning that the statute of limitations for an action based on a warranty against eviction only begins to run from the date the eviction is finalized by a definitive judicial decision, not from the date of the sale or the initial threat to the buyer's possession, thus establishing that the buyer's action was timely initiated following the final judgment confirming the third party's superior title.