The seller’s declaration about the absence of burdens over the sold thing

Abstract

 The present work intends to elucidate the legal nature and effects of the seller’s representation regarding the absence of encumbrances over the sold good. To this end, the paper starts with an analysis of the nature and function of representations and warranties as an institution of contract law, and continues with a specific study of the seller’s representation regarding the ab­sence of encumbrances over the sold good. In such context, it was required to study the potential relationship of the above-mentioned declaration with the obligations that the contract of sale naturally imposes on the seller, and to review the existing national case law on the subject. Finally, reflections to harmonize the seller’s representations about the absence of encumbrances with our legal system are proposed.