hidden vices
Introduction
Actio quanti minoris is a civil law concept that allows the buyer of a good to demand a proportional reduction of the price paid due to the existence of hidden defects or vices in the purchased good. This action has its roots in Roman law and is recognized in various contemporary legal systems based on the tradition of civil law.
History
The origin of Actio quanti minoris dates back to Roman law, where the first bases were established to protect the buyer in cases of hidden defects in the purchased goods. This legal figure was part of the building actions, along with the Actio redhibitoria, which allowed the termination of the contract. In classical Roman law, these actions were designed to balance the contractual relationship between the parties and ensure fairness.
The influence of Roman law was key in modern codification, especially in the French Civil Code of 1804, which incorporated these actions as part of the regulation of sales contracts. Since then, this figure has been adopted and adapted in various legal systems of civil tradition.
Concept and features
Contenido
La Actio quanti minoris se define como el derecho del comprador a solicitar la disminución del precio pactado en un contrato de compraventa, en proporción a los defectos ocultos que afectan el bien adquirido. Esta acción se basa en el principio de equidad, buscando restablecer el equilibrio contractual.
Difference with Actio redhibitoria
While the Actio quanti minoris allows economic compensation by reducing the price, the Actio redhibitoria aims to terminate the contract and restitution of the services, returning the defective good to the seller and the price to the buyer.