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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSL. Generality Principle of Penal Laws (Civil Code, Art. 14)

Question

Question:

John, a businessman, had been operating a restaurant for several years. However, due to the COVID-19 pandemic, his business suffered significant losses and he was forced to close down the restaurant. In an attempt to recover financially, John decided to sell some of the restaurant equipment that he owned. He found a buyer named Maria, who expressed interest in purchasing the industrial-grade oven that John had been using in his restaurant.

John and Maria agreed on a price for the oven, and Maria was ready to make the payment. However, when John presented the document of sale, Maria noticed that it did not include any warranty or guarantee for the oven. Maria became hesitant because she was concerned about the condition of the oven and whether it would be in good working order. She approached you, a lawyer, seeking advice on her rights as a buyer and the possible legal implications of the sale.

Based on the principle of generality in penal laws (Article 14 of the Civil Code), answer the following questions:

  1. Can Maria refuse to proceed with the sale if the document of sale does not include any warranty or guarantee for the oven? Explain your answer.
  2. What legal protection, if any, does John have as the seller in this situation?
  3. Discuss any potential legal consequences or liabilities that John may face if he sells the oven without disclosing any defects or issues to Maria.



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