1 - Warranty of Quiet Enjoyment and Peaceful Possession

Article 429

Art. 429 - Although no stipulation was made regarding the guarantee at the time of the sale, the seller is obligated to guarantee the purchaser against eviction suffered in whole or in part with respect to the object sold, as well as against any claims asserted on that object that were not declared at the time of the sale.

Article 430

Art. 430 - The parties may, by special agreements, add to this legal obligation or diminish its effect; they may even agree that the seller shall not be subject to any warranty.

Article 431

Art. 431 - Notwithstanding any stipulation to the effect that the seller shall not be bound by any warranty, the seller shall nonetheless remain liable for the warranty arising from a fact personal to him; any agreement to the contrary shall be null and void.

Article 432

Art. 432 - In the same case of a stipulation of no warranty, the seller, in the event of eviction, is bound to restore the price, unless the buyer has purchased at his own peril and risk.

Article 433

Art. 433 - When the guarantee has been promised purely and simply, or when nothing has been stipulated in this regard, the buyer who has been evicted from the entirety of the thing has the right to demand from the seller: 1 - The restitution of the price; 2 - The value of the fruits, when they are required to be returned to the owner who is evicting them; 3 - The expenses incurred in the buyer's demand for guarantee and those incurred by the original claimant; 4 - Damages, taking into account any increase in value if applicable, as well as the fees and legitimate costs of the contract. However, if the acquirer was aware of the danger of eviction at the time of the sale, they do not have the right to damages.

Article 434

Art. 434 - When at the time of eviction, the sold thing has decreased in value, or has been substantially deteriorated, either due to the buyer's negligence or due to force majeure events, the seller is nonetheless required to refund the total price. However, if the acquirer has benefited from the deterioration caused by him, the seller has the right to set off against the price a sum equivalent to that benefit.

Article 435

Art. 435 - The seller is required to reimburse or have reimbursed to the purchaser, by the person who evicts him, all useful repairs and improvements that he has made to the thing.

Article 436

Art. 436 - If the seller had sold the thing of another in bad faith, he shall be obliged to reimburse the purchaser for all expenses, even voluptuary or decorative ones, that the latter has incurred on the thing.

Article 437

Art. 437 - If the purchaser is evicted of only a part of the thing, and it is of such consequence in relation to the whole, that the purchaser would not have purchased without the part of which he has been evicted, he may have the sale rescinded.

Article 438

Art. 438 - If in the case of eviction of a part of the thing sold, the sale is not rescinded, the value of the part of which the purchaser is evicted shall be refunded to him by the seller in proportion to the total price of the sale, and subject to all damages.

Article 439

Art. 439 - If the sold property is found to be encumbered, without this having been declared, with non-apparent servitudes, and they are of such importance that there is reason to presume that the purchaser would not have bought if they had been informed, they may request the cancellation of the contract, or alternatively, opt to accept compensation.

Article 440

Art. 440 - When the buyer has avoided eviction of the thing by paying a sum of money, the seller may be released from the consequences of the warranty by reimbursing the buyer the sum paid, the interest, and all expenses.

Article 441

Art. 441 - The buyer assigned by a third party who claims rights to the sold thing has the obligation to summon the seller to court. If they have not done so and have been condemned by a judgment that has become final, they lose the right to warranty, unless they prove that the seller, even if they had intervened in this proceeding, would not have succeeded in having their claim rejected.