Hidden defects guarantee
Introduction
Redhibition is the action by which a buyer has the right to request the annulment of a sale and force the seller to keep the object again, if it has a redhibitory defect. Thus, for example, when an animal has a hidden defect, the nullity of the contract can be requested.
Every seller is obliged to the eviction and sanitation of the thing he sells and the right that the buyer has when there is a lack of any of these two conditions is what is called guarantee and to the diseases or defects for which the seller must be the guarantor, vices or redhibitory diseases; that is, they give rise to the termination of the contract or redhibition of the thing sold. In the animal trade, buyers are very exposed to being deceived, either due to ignorance or due to bad faith on the part of the sellers, since the animal that appears to be in the best state of health and the best disposition for work usually suffers from bad tastes, vices and even diseases, which make it useless for the exercise for which it is intended or there is a risk that it will die, due to the vice or illness, before the regular season, preventing the service from being properly provided. Defects or ailments that, known, would have caused you not to buy the animal or if you had, you would have paid less for it. Since these tastes, vices or diseases can be hidden from the most expert eyes due to the bad faith of the seller, who, in general, knows the vices of his animal, gives rise to a thousand altercations and disputes and to avoid them as much as possible, the laws almost always and everywhere have imposed on the seller some conditions that guarantee the buyer in the peaceful possession of the thing sold while prescribing that it must be free of hidden defects. When the buyer is deceived in either of the two things, he can terminate the deal and claim compensation equivalent to the losses he has suffered as a result of said purchase.