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Inapplicability of an Exclusive Clause Guaranteeing Hidden Defects to an Occult Servitude: the Reminders of the Court of Cassation
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Yaroslav/AdobeStock In its judgment of 13 February 2025, the Third Civil Chamber of the Court of Cassation refused to apply to an undeclared apparent servitude an exclusive guarantee clause, stipulated in respect of the condition of the property, according to which the buyer would have no recourse against the sellers "for any cause whatsoever, in particular because of apparent defects or hidden defects." The judgment recalls the attachment of th…
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