Order No. 8775 of 2024: Tacit Acknowledgment of Defects in Sale Agreements

Order No. 8775 of April 3, 2024, issued by the Court of Cassation, represents a significant ruling concerning the warranty for defects in sale agreements. The decision reiterates the concept of tacit acknowledgment of defects by the seller, clarifying the legal consequences and the ways in which such acknowledgment can occur. Let's analyze the key points of this judgment.

The Legal Context of the Judgment

The central issue addressed by the Court concerns Article 1495 of the Civil Code, which establishes the seller's obligation to guarantee the goods sold and the procedures for reporting defects. Specifically, paragraph 2 of this article exempts the buyer from the burden of timely notification if the seller acknowledges the defects of the sold item.

Acknowledgment through conclusive actions - Admissibility - Replacement of the defective item - Relevance - Factual scenario. In the context of warranty for defects in sale agreements, the acknowledgment of defects by the seller, which, pursuant to Article 1495, paragraph 2, of the Civil Code, exempts the buyer from the burden of timely notification, can also occur tacitly, through conclusive actions, as in the case where the seller itself arranges for the replacement of the item. (Factual scenario concerning the supply of footwear in which the Supreme Court confirmed the appealed judgment and stated that no forfeiture can occur in the event of an obligation, undertaken by the supplier, to replace or repair the goods following the dispute of defects, this being a case of tacit acknowledgment thereof).

Practical Implications of the Judgment

The Court has affirmed that the acknowledgment of defects can also occur tacitly, meaning without the need for a formal communication from the seller. This aspect is particularly relevant in commercial situations, where the replacement or repair of goods can be interpreted as an acknowledgment of defects. The main practical implications are:

• The seller cannot invoke forfeiture of the warranty if they have proceeded to replace or repair the item.
• The buyer is exempted from the obligation of timely notification of defects if the seller has acknowledged the defects through their conduct.
• The replacement of the goods is a clear indication of acknowledgment of defects, which can prevent future legal disputes.

Conclusions

In conclusion, Order No. 8775 of 2024 clarifies a fundamental aspect of the law governing sale agreements: the tacit acknowledgment of defects by the seller. This ruling not only simplifies procedures for buyers but also promotes greater adherence to contractual obligations by sellers. It is therefore essential that both parties are aware of these dynamics to avoid future disputes and ensure a more transparent and fair sale.