⚖️ Vício Redibitório Parte 2 | Ação Redibitória ou Quanti Minoris?

📚 In today's lesson, we will continue our study of latent defects, deepening our analysis of the applicable actions and deadlines for exercising the buyer's rights. ⚖️ After understanding the concept, the legal foundations, and the effects of hidden defects in contracts, it's now time to understand what measures can be taken in practice in the face of these defects. You will learn: ⚖️ Types of redhibitory actions (Article 442 of the Civil Code): ✔️ Redhibitory action: Allows the termination of the contract when the hidden defect renders the item unfit for use or significantly reduces its utility. ✔️ Quanti minoris action (or estimatory action): Allows the buyer to keep the item but demand a proportional reduction in price due to the existing defect. ⚖️ Statute of Limitations: ✔️ What are the time limits for filing actions for damages related to building defects? ✔️ When does the counting of these time limits begin? ✔️ How does the counting work in cases of defects that are difficult to detect? ⚖️ Conventional Warranty: ✔️ How specific contractual clauses can impact liability? ✔️ Limits of private autonomy in the face of buyer protection. ⚖️ Cases where actions for damages related to building defects are inadmissible: ✔️ Contractual breach: When the issue involves non-compliance with the obligation, and not a hidden defect in the object. ✔️ Error regarding the essential qualities of the object: Situations where the problem may be related to a defect of consent, and not a latent defect. ⚖️ Goods Sold at Public Auction: ✔️ Specific rules for goods acquired at judicial auction; ✔️ Limits of the application of latent defects in this case. ⚖️ Practical Result: Understanding redhibitory actions and their deadlines is essential to identify the appropriate legal measure in the face of hidden defects, guaranteeing effective protection for the buyer and greater security in contractual relations. ✅ Classes every Wednesday at 7 PM, and special content on the reforms of the Civil Code on Mondays. 📲 Follow: @professorsecca | @cleidesecca YouTube: Professor Secca Facebook: Professor Secca