Buyer Assumes Risk of Undisclosed Servitude Upon Contractual Acceptance

The case concerns a dispute where an individual, having contracted to purchase property, later sought to rescind the sale, alleging that the seller had failed to disclose a critical, pre-existing servitude (a right burdening the property), which constituted a latent defect rendering the property unfit for its intended use. The court rejected the appeal, reasoning that the contractual clause explicitly stipulated that the buyer accepted the property in its current state, with all apparent and non-apparent servitudes, thereby waiving the right to claim rescission based on the existence of the unknown servitude, as the buyer had contractually assumed the risk of such encumbrances.