Reference no: EM133262117

Explain the essential elements for eviction (Article 1548)

Essential elements are:

1. The vendee is deprived in whole or in part of the thing purchased;

2. He is so deprived by virtue of a final judgment (Art. 1557.);

3. The judgment is based on a right prior to the sale or an act imputable to the vendor;

4. The vendor was summoned in the suit for eviction at the instance of the vendee (Art. 1558.);

and

5. There is no waiver on the part of the vendee.