Eviction , from the Latin word evictio , is a term used in the judicial field. Eviction is the deprivation of a right derived from a final sentence , which is established in accordance with a prior right of another .
This situation involves the partial or total loss of something due to an administrative or judicial ruling. The eviction derives from a vindicatory act that is issued based on rights alleged by third parties for reasons that precede the acquisition of the first.
In a purchase and sale transaction, eviction can take place when the buyer is deprived of what was purchased by virtue of a right claimed by a third party over the property , with the deprivation linked to a cause prior to the sale. The eviction is carried out by court ruling and must be cleared by the seller.
In the same way, we cannot ignore the existence of a series of effects that the so-called sanitation by eviction has. Specifically, among the most significant we can highlight the following:
-The returns that existed, in the event that he had been sentenced to deliver them to the person who has won the trial.
-The price of what was sold at the time the eviction occurred must be restored.
-In the same way, voluntary expenses as well as interest or damages also occur as an effect, for example, if the sale was made in bad faith.
-The costs of the lawsuit that has given rise to the eviction settlement.
The buyer affected by this legal situation can request an eviction summons , forcing the seller to respond to achieve healing. The seller, in this framework, assumes the role of defendant. If his defense is unsuccessful and the property is declared evicted, the seller has the obligation to return the price paid, assume legal expenses and make a disbursement for damages.
Eviction, in short, consists of the deprivation of ownership of something that was delivered to a buyer, since a ruling recognizes that the best right over the thing corresponds to a third party who previously had it.
No less important is to know that there are two types of eviction:
-Partial eviction, which is included in article 1479 of the Civil Code. In this case, the importance of the lost part in terms of the whole becomes especially relevant. And it will be essential to know what the real scope of the responsibility of the seller in question has been.
-Complete eviction, which is regulated and established in article 1478 of the Civil Code. When this takes place, the buyer has the right to demand from the seller everything from the costs of the contract to the costs of the lawsuit, including general interest, damages caused and even the fruits of the contract and the price at the time of eviction.