JURITEXT000006954082 Généré par l'IA

Builder-Seller Warranty Waiver for Latent Defects Unenforceable

Numéro de cause JURITEXT000006954082

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-03-01

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A dispute arose concerning the validity of a contractual waiver of warranty against latent defects where the seller was also the builder of the structure, leading to an appeal after a lower court invalidated the waiver; the highest court rejected the appeal, reasoning that a builder who is also the seller cannot validly contractually limit or waive the legal guarantee against latent defects, as this obligation is considered one of public order, designed to protect the buyer from structural defects inherent in the construction itself.

Regeste Legislator

Généré par l'IA

Builder-Seller Warranty Waiver for Latent Defects Unenforceable: A dispute arose concerning the validity of a contractual waiver of warranty against latent defects where the seller was also the builder of the structure, leading to an appeal after a lower court invalidated the waiver; the highest court rejected the appeal, reasoning that a builder who is also the seller cannot validly contractually limit or waive the legal guarantee against latent defects, as this obligation is considered one of public order, designed to protect the buyer from structural defects inherent in the construction itself.