Legal Definitions - redhibere

Redhibere is a legal term, originating from civil law, that describes the act of returning a purchased item due to a significant defect, or the seller's action of taking back such an item.

Essentially, it refers to the process where a buyer returns a product that is found to be faulty or unsuitable for its intended purpose, and the seller accepts this return, often resulting in a refund or cancellation of the sale.

• Example 1: Consumer Electronics

  After purchasing a new laptop, Mark discovered that its screen frequently flickered and sometimes went blank, indicating a manufacturing defect. He contacted the retailer, explaining the issue and requesting to return the laptop for a full refund. In this scenario, Mark is exercising his right to redhibere the defective purchase, returning it to the seller.

• Example 2: Commercial Goods

  A restaurant ordered a large quantity of fresh produce from a supplier. Upon delivery, the chef noticed that a significant portion of the vegetables was spoiled and unfit for consumption. The restaurant immediately arranged for the entire shipment to be sent back to the supplier, demanding a credit for the faulty goods. The restaurant's action of returning the unusable produce to the supplier is an instance of redhibere.

• Example 3: Vehicle Sale

  A car dealership sold a pre-owned vehicle, but a week later, the buyer discovered a severe transmission problem that was present at the time of sale but not disclosed. To maintain its reputation and avoid potential legal disputes, the dealership offered to take the car back and provide a full refund to the buyer. Here, the dealership's decision to accept the return of the defective vehicle and cancel the sale demonstrates the seller's side of redhibere.