Business contracts, Sale, Guarantee action for defects, Court of Cassation, Section Un., Judgment n. 18672 of 11/07/2019

Extrajudicial manifestations of will of the buyer expressed in the forms referred to in art. 1219, paragraph 1, of the Italian Civil Code – Interruption effectiveness of the prescription – Existence.

The Sec. U., on a matter of general importance, have affirmed the following principle of law: “In the sale contract they constitute – pursuant to art. 2943, paragraph 4, of the Italian Civil Code – suitable interrupting acts of the prescription of the guarantee action for defects, provided by the art. 1495, paragraph 3 of the civil code, the extrajudicial manifestations of will of the buyer carried out in the forms referred to in art. 1219, paragraph 1, of the civil code, with the production of the general effect contemplated by art. 2945, paragraph 1, of the Italian Civil Code “.

Source Supreme Court of Cassation