Resumen

OVIEDO ALBAN, Jorge. ON THE CONCEPT REDHIBITORY VICES IN THE CONTRACT OF SALE: CHILEAN AND COLOMBIAN CASE LAW COMPARATIVE ANALYSIS. Rev. chil. derecho [online]. 2010, vol.37, n.2, pp.241-296. ISSN 0718-3437.  http://dx.doi.org/10.4067/S0718-34372010000200003.

The Civil Code of Colombia and Chile, regulate the obligation of liability for latent defects of the thing which the contract of sale. Respective norms, governing the requirements for point defects generated rescission action. However, the law and authors is not a proposal about the concept itself of vice nor systematic categorization of them even though it constitutes the basic assumption made for appropriate action rescission. This paper explores, from the comparative analysis of judicial decisions possible conceptualization and systematization of the defects that make the contract of sale of tainted or hidden defect. Also explores the borderline cases that can lead both to a rescission action as a nullity action in the object by mistake.

Palabras clave : Redhibitory vices; rescission action; contract of sale.

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