The Seller’s Error on the Qualities that Enhance the Value of the Thing Sold in the Light of Comparative Law (El Error del Vendedor Sobre las Cualidades Que Aumentan el Valor de la Ecosa Vendida a la Luz del Derecho Comparado)
Revista de Derecho Privado, No. 19, 2010
24 Pages Posted: 4 Dec 2010
Date Written: December 2, 2010
Abstract
This article deals with cases in which the seller is wrong about qualities that enhance the value of the thing sold. For example, a painting by the hand of a great painter who mistakenly viewed as worthless, or sell land without knowing that there were rich underground deposits. From guide decisions of France, Germany, Italy, Netherlands and the United States, this article seeks appropriate solutions for these cases and it uses a plural research methodology that explores the failures from the optics of comparative law, ethics of law, legal history, economic analysis and the dogma of the law.
Note: Downloadable document is in Spanish.
Keywords: vitiated consent error, error in the object, cancellation of the contract, allocation of risk
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