Jurisprudencia

  • Detalles del asunto
    • ID nacional: Provincial Court, Málaga, Judgment 178/2017
    • Estado miembro: España
    • Denominación común:SAP, Málaga, 178/2017
    • Tipo de resolución: Resolución judicial recurrida
    • Fecha de la resolución: 31/03/2017
    • Órgano jurisdiccional: Provincial Court, Málaga
    • Asunto:
    • Demandante:
    • Demandado:
    • Palabras clave: Purchase of second hand vehicle, warranty period, consumers and users, hidden defects.
  • Artículos de la Directiva
    Consumer Sales and Guarantees Directive, Article 1
  • Nota preliminar

    ECLI: ECLI:ES:APMA:2017:545


    Consumers and users: second-hand vehicle purchase with an engine failure, which appears within the warranty period between the parties. Absence of force majeure or misuse. Condemnation to the engine replacement and the payment of the expenses of the vehicle in the garage and the depreciation value.

  • Hechos

    The parties entered into a contract whereby the plaintiff acquired a second-hand vehicle whose engine had failed several times but which the defendant had not communicated to the plaintiff.

    Once the sale was made, took a few months the engine to break down in a definite manner, and while still in the agreed guarantee period. The plaintiff requested the defendant to cover the cost of replacing the engine, as well as proceeding to the payment of the difference for depreciation of the vehicle.

  • Cuestión jurídica

    Claimant's liability for misuse of the vehicle or liability of the defendant for concealment of defects in the vehicle's engine.

  • Decisión

    The defendant was condemned for concealment of defects in the vehicle’s engine, which must comply with what was agreed in the contract and with the agreed warranty and, therefore, the payment of the costs of stay, repair, and removal of the vehicle, as well as compensation for underestimation of the vehicle.

    Texto completo: Texto completo

  • Asuntos relacionados

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  • Literatura jurídica

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  • Resultado
    The Provincial Court dismissed the appeal.