Evacuation - in civil law, it requires the buyer to acquire property acquired by him on the grounds that arose before the sale (for example, a third party refers to the fact that he, and not the seller, owns the property right). In the event of an eviction, the seller is obliged to reimburse the buyer for losses incurred [1] . Under Russian civil law, the seller is liable for the eviction to the buyer, unless he proved that the buyer knew or should have known that there were grounds for the seizure of goods by a third party.
In the law and order of England and the United States in any contract of sale by law, the seller guarantees the buyer a quiet possession of the thing, which is free from encumbrance and requirements that were not even known at the time of the conclusion of the contract [2] . The law of Germany and Japan does not impose on the seller the obligation to guarantee the peaceful possession of the thing. In these law and order, during the evacuation of things from the buyer, he is entitled to consider the contract unfulfilled with all the ensuing consequences.
In the aforementioned England and the USA, eviction is most often understood not as property recovery, but as forced eviction from social , office or other temporary housing together with family members and other cohabitants / cohabitants (verb to evict = “evict”, participial circulation being evicted = “ being evicted ”) for violation of the terms of use of the indicated housing.
See also
- Competition of claims
- Property lawsuit
- Petition lawsuit
- Commitment
Notes
- ↑ Article 461 of the Civil Code of the Russian Federation
- ↑ Art. 12 English Law on the sale of goods 1979, Art. 2-312 ETK
Literature
- Nechaev V.M. ,. Eviction // Brockhaus and Efron Encyclopedic Dictionary : in 86 volumes (82 volumes and 4 additional). - SPb. , 1890-1907.