Page 430 - Latent Defect or Excessive Price?Exploring Early Modern Legal Approach to Remedying Defects in Goods Exchanged for Money - Bruijn
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CHAPTER EIGHT
concur with the claims based on non-performance, which limitation begins at the same moment. Furthermore, the remedies for fraud and error will outlast the claim for non- conformity, which already starts to run at the moment the buyer is in possession of the non-conforming thing. Hence, a buyer who sees his remedies for repair or replacement expired might under circumstances still be able to sue for error or fraud.
With all these concurring and overlapping remedies and the absence of provisions which determine which remedies are applicable to non-conformity, a similar discussion as the one which surfaced in the NBW about the relation between general contractual remedies and the particular remedies for non-conformity might be the result of adopting the proposal in its present shape.128
error o dolo... desde que el legitimado para anular el contrato hubiese conocido o debido conocer la
causa de la anulabilidad.
128 Cf. 8.2.1; uncritical towards the proposal in its entirety is Christiandl, 'Der Spanische Schuldrechtsmodernisierungsentwurf', p. 912.
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