redhibition การใช้

• The test to determine whether the buyer is entitled to redhibition is objective.
• In other words, the defect must be material if it is to justify redhibition.
• Such a waiver may or may not affect the buyer's right to file an action in redhibition.
• Yet the extent to which the buyer is entitled to redhibition is determined by whether the contract was divisible or indivisible.
• Louisiana law retains terms and concepts unique in American law : usufruct, forced heirship, redhibition, and lesion beyond moiety are a few examples.
• The defect must not be merely trifling it must hinder or prevent the usefulness or serviceability of the thing if it is to justify complete redhibition.
• If redhibition is applicable, the buyer is entitled to a refund of the purchase price, plus interest, and of course reimbursement for useful or necessary improvements made to the " res ".
• Mackeurtan states : " The redhibition to which the purchaser is entitled extends only to the affected articles, unless the contract may properly be regarded as an indivisible one for the sale of the articles as a whole ."
• But if a slave was sold in contravention of the foregoing or in contravention of what was stated or promised when he was being sold [ . . . ] we grant to the buyer [ . . . ] an action for redhibition of the slave [ . . . . ] The motive for the proposition of this edict is to defeat the artifices of sellers and to assist buyers whenever they are cheated by sellers.