Eviction consists of the total or partial loss of ownership or ownership of a property that a person has acquired in favor of a third party, through a court order filed by other parties.
A good example of eviction is when someone sells an object to an individual and the product is found to it did not belong to the person who sold it, but to a third party, that is, it is the sale of a product that does not belong to him. belongs.
The eviction process involves three categories of people:
- O alienating, which is the person who transmits the good to the purchaser and responds for the vices of eviction, even acting in good faith;
- O evicto, which is the acquirer who suffered the eviction;
- O evictor, who is the person for whom good goes after eviction occurs.
The person who bought the product (evicto) can be evicted and go to court to return the good to the person who actually is the owner of the product (evictor), and is entitled to compensation by the person who sold it (alienator), for the loss suffered.
For an eviction to occur, there are some requirements such as:
- The cost of acquiring the thing;
- The total or partial loss of ownership, possession or use of the alienated thing;
- Ignorance on the part of the acquirer of the litigiousness of the thing;
- The right of the evictor prior to the alienation and the denunciation of the lawsuit to the alienator.
A legal term closely linked to eviction is the denunciation of lead, which is the name of the individual who was denounced and who maintains a legal bond with the party complainant, to come answer for the guarantee of the legal business, if the complainant is defeated in the process.
The eviction process occurs in this case when one part of the process takes the lead and succumbs to the claim of the other party, then the other loses the right to exercise eviction.
Eviction can occur in the case of several acquired goods, including those acquired at public auction.
Eviction in the Civil Code
In the Brazilian Civil Code, eviction is addressed in Section VI, in articles 447 to article 457.
Difference between eviction and reductive addiction
There is usually some confusion between the concepts of eviction and reductive vice, within the scope of Law. However, their meanings have some differences with regard to purchase and sale contracts.
THE eviction it deals with the loss of possession or ownership of the object or thing sold in question to its rightful owner. It must have a previous legal basis that can give ownership to its true owner, in addition to having the recognition in court of the existence of liens on the same thing, which has not been denounced in due course in the contract.
already the addictive addiction is proposed in cases where the object or thing to be bought or sold cannot see possible damage to the naked eye at the time of purchase. In this case, it is possible, then, in the case of confirming the damage, to make the use of that object inappropriate or having a discount on the purchase price.
See more about the Redhibitory addiction.