Seller's Failure to Disclose Servitude Justifies Compensation for Property Value Reduction

A purchaser of real estate, who had obtained a final judgment against the seller for eviction following the discovery of an undisclosed servitude, appealed the lower court's decision that denied compensation for the reduction in the property's value, arguing that the seller's breach of warranty against eviction was a contractual fault justifying damages. The high court quashed the lower court's decision, reasoning that the seller's failure to disclose the servitude constituted a breach of the fundamental obligation to guarantee peaceful possession of the property sold, which necessarily entails full compensation, including damages for the resulting diminution in the property's value, even if the purchaser had already obtained a definitive judgment for eviction.