Glossary entry

Italiano term or phrase:

garantire l\'evizione

Inglese translation:

specifically warranting an implied condition as to title and fitness

Added to glossary by mileli
Sep 21, 2012 07:15
12 yrs ago
32 viewers *
Italiano term

garantire l'evizione

Da Italiano a Inglese Legale/Brevetti Legale: Contratti purchase and sale deed
La parte venditrice come costituita, presta tutte le garanzie di cui all'articolo 1476 c.c. ***garantendo in particolare l'evizione*** ed i vizi della cosa.

Discussion

Adrian MM. (X) Sep 21, 2012:
Target of the deed: land or goods Asker: pls. confirm the deed, though in the US automatically means a conveyance of land, is for the latter and not for the sale of goods/chattels.

Proposed translations

+3
35 min
Selected

specifically warranting an implied condition as to title and fitness

This has already been posted to the glossary. The article 1476 of the Italian c.c. (with ref to previous articles also) refers to vendor's warranty that he/she has full title to the property and is free to sell. In the event of the contrary, the the conveyance agreement is null and void and the vendor has an obligation to pay damages.
Evizione here is an accustic agreement and false friend. Eviction in English is normally applied to Landlord/Tenant agreements. If you think about it, how do you evict a property buyer (on foreclosure of a mortgage by lender) but not because he/she hasn't paid the rent!

Alison

Alison
Peer comment(s):

agree Adrian MM. (X) : giving a covenant of good title (to land) and maybe further assurance vs warranty of authority to sell and fitness (for goods) http://www.proz.com/kudoz/italian_to_english/other/123754-ev... OK, but your answer connotes to me sale of goods.
1 ora
I used warrant as in "representations and warranties", although a warranty usually refers to some future event. Point a good one!
agree Linda Thody
1 ora
neutral Thomas Roberts : you can be evicted if the purported seller had no title and the rightful owner takes action to evict you
4 ore
agree Giulia Gigliotti : Totally agree with Alison, this has nothing to do with eviction: http://it.wikipedia.org/wiki/Evizione
5 ore
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