Purchaser v. Seller: Statute of Limitations for Hidden Defect Claim

A purchaser brought an action against a seller for rescission of a sale due to a hidden defect that rendered the item unfit for its intended use, alleging that the seller was aware of the defect, while the seller defended by arguing that the action was time-barred, as the buyer had discovered the defect and failed to act within the statutory limitation period following the discovery. The Court of Cassation rejected the appeal, confirming that the prescriptive period for actions concerning hidden defects begins to run from the date the buyer discovers the defect, and since the lower court correctly determined that the purchaser's action was initiated after the statutory period following the discovery of the defect had expired, the claim was correctly dismissed.