Descriere
This article analyses, a set of issues of major practical significance in the area of liability for hidden defects in immovable property: (i) the conditions for liability for hidden defects in the construction sector, with emphasis on the prudent and diligent buyer standard; (ii) the distinction between the guarantee period and the limitation period, with the consequence that they do not aggregate; (iii) the legal nature of the estimatory action and the standard for assessing the price reduction, with reference to the relationship between price reduction and the value of remediation works; (iv) the alternative character of the remedies under art. 1710 para. (1) of the New Civil Code and the buyer’s exclusive right to choose between them; (v) the inadmissibility of a counterclaim by the seller seeking to impose its preferred remedy on the court. The procedural aspect concerning the belated third-party notice filed by the defendant-counterclaimant is also examined.
