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- Title
LA RESPONSABILIDAD EXIGIBLE EN EL SANEAMIENTO POR EVICCIÓN EN CASO DE PLURALIDAD DE VENDEDORES: SOLIDARIDAD O MANCOMUNIDAD.
- Authors
LANCHAS SÁNCHEZ, JOSÉ JAVIER
- Abstract
Starting from a real situation of a conjugal partnership that has been dissolved but not yet liquidated, in which one of the members wants to sue the heirs of one of the vendors in view of the insolvency of the other seller -both deceased-, to claim the complete satisfaction of the liability derived from the warranty in case of eviction, the aim of this survey revolves around analyzing whether this warranty, in case of plurality of sellers, has a joint or a solidary character. After reviewing the scope of the solidary liability in the jurisprudence of the Spanish Supreme Court, which has resulted in the «improper solidarity» doctrine for extra-contractual civil liability and «tacit solidarity» doctrine for contractual liability, will also make an in-depth analysis of the last two judgements of the High Court where this point has contradictorily been discussed.
- Subjects
EVICTION; LEGAL liability; WARRANTY; CIVIL liability; CIVIL law; CORREALITY &; solidarity
- Publication
Revista Jurídica de la Universidad Autonóma de Madrid, 2017, Issue 36, p95
- ISSN
1575-720X
- Publication type
Article