LSU Law: Digest of 1808

SECTION II – OF THE WARRANTY, IN CASE OF EVICTION OF THE THING SOLD

Art. 49. Although at the time of the sale no stipulations have been made respecting the warranty, the seller is obliged of course to warrant the buyer against the eviction suffered by him of the totality or part of the thing sold, and against the charges claimed on that object which were not declared at the time of the sale.

Art. 50. The eviction is the loss suffered by the buyer of the totality of the thing sold or of a part thereof, occasioned by the right or claims of a third person.

Art. 51. The parties may by particular agreement add to the obligation of warranty which results of right from the sale, or diminish its effect: they may even agree that the seller shall not be subject to any warranty.

Art. 52. Although it be agreed that the seller is not subject to warranty, he is however accountable for what results from his personal act, and any contrary agreement is void.

Art. 53. Even in case of stipulation of no warranty, the seller, in case of eviction, is liable to a restitution of the price, unless the buyer was aware, at the time of the sale, of the danger of the eviction and purchased at his peril or risk.

Art. 54. When there is a promise of warranty or when no stipulation was made on that subject, if the buyer be evicted, he has a right to claim against the seller, 1^st, the restitution of the price; 2^d, that of the fruits or revenues when he is obliged to return them to the owner who evicts him; 3^d, all the costs occasioned either by the suit in warranty, against the buyer, or by that brought by the original plaintiff, 4^th, in fine, the damages, when he has suffered any, besides the price that he has paid.

Art. 55. When at the time of the eviction the thing sold has lost any of its value or is considerably impaired either through the neglect of the buyer or by any providential acts or unforeseen accidents, the seller is still bound to the restitution of the full price.

Art. 56. If however the thing sold was impaired by the buyer and he has reaped some benefit therefrom, the seller has a right to retain on the price, the amount to which said damage may be estimated in favor of the owner who evicts him.

Art. 57. If at the time of the eviction the thing sold has risen in value even without the buyer having contributed thereto, the seller is bound to pay him the amount of said augmentation of value above the price of the sale.

Art. 58. The seller is bound to reimburse or cause to be reimbursed to the buyer by the person who evicts him, all useful improvements made by him on the premises.

Art. 59. If the seller knowingly and dishonestly has sold the property of another person, he shall be obliged to reimburse to the buyer all expences, even those of the embellishment of luxury, that said buyer has been at on improving the premises.

Art. 60. If only a part of the thing sold be evicted and it be of such consequence relatively to the whole, that the buyer would not have purchased it without the part which is evicted, he may have the sale cancelled.

Art. 61. If in case of eviction of a part of the thing, the sale is not cancelled, the value of the evicted part is to be reimbursed to the buyer according to its estimate at the time of the eviction and not proportionally to the total price of the sale.

Art. 62. If the inheritance sold, be incumbered with servitudes not apparent without any declaration having been made thereof, if said servitudes be of such importance that there is cause to presume that the buyer would never have contracted, if he had been aware of the incumbrance, he may claim the cancelling of the contract, should he not prefer to have an indemnification.

Art. 63. Other questions arising from a claim of damages resulting to the buyer from the non execution of the contract of sale, shall be decided by the general rules established under the title of contracts or conventional obligations in general.

Art. 64. The warranty for cause of eviction ceases when the buyer has let himself be cast in a definitive judgement without calling on his seller, if said seller prove that he had sufficient ground or means to have obtained a judgement in his favor, of which he could not avail himself for want of having been called upon.

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