Eviction, from the Latin word eviction, is a term that is used in the judicial field. Eviction is the deprivation of a right derived from a final judgment, which is established according to a previous right of others.
This situation implies the partial or total loss of a thing due to an administrative or judicial ruling. The eviction derives from a vindication act that is dictated based on rights claimed by third parties for reasons that precede the acquisition of the first.
In an operation of buy and sell, the eviction can take place when the buyer is deprived of what was purchased by virtue of a right that a third party alleges on the well, with deprivation linked to a past cause for sale. The eviction is carried out by court ruling and has to be cleared by the seller.
In the same way, we cannot ignore the existence of a series of effects that the so-called eviction sanitation has. Specifically, among the most significant we can highlight the following:
-The yields that exist, in the event that he had been sentenced to deliver the same to the person who has won the trial.
-The price of what was sold at the time of the eviction must be restored.
-In the same way, voluntary expenses are also produced as an effect, as well as interest or damages, for example, if the sale was made in bad faith.
-The costs of the lawsuit that has led to the eviction reorganization.
The buyer affected by this legal situation can request a eviction summons, forcing the seller to respond to achieve sanitation. The seller, in this framework, assumes the role of defendant. If your defending does not prosper and the good is declared evicted, the seller has the obligation to return the price paid, assume the legal expenses and make a disbursement in respect of damages.
Eviction, in short, consists of the deprivation of the property of something that was delivered to a buyer, since a judgment recognizes that the best right over the thing corresponds to a third party who had it previously.
No less important is knowing 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 acquires special relevance. 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 from the expenses of the contract to the costs of the lawsuit, including the general interests, the damages caused and even what is the fruits of that and the price at the time of eviction.