Page 413 - Latent Defect or Excessive Price?Exploring Early Modern Legal Approach to Remedying Defects in Goods Exchanged for Money - Bruijn
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CONTEMPORARY CIVIL LAW
that injured parties bring multiple civil claims with varying limitation periods for the same loss.48 If the Dutch lawgiver had opted for a similar approach, buyers of defective, encumbered or things liabile to third-party claims would all have had the same period, counting from the discovery of their loss, to bring a remedy for loss caused by the non- conformity.
Secondly, the Dutch lawgivers could have forestalled doubts about the applicable rules in the event of encumbered items and items threatened by eviction by putting both instances under the same heading of non-conformity. The result would have been a clearer picture of what limitation period applied to what type of breach of contract.
48 See 7.4.2.1.
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