Selected Cases by Article & Issues
Article 432 Cases
(1) The buyer loses the right to rely on the provisions of article 41 or article 42 if he does not give notice to the seller specifying the nature of the right or claim of the third party within a reasonable time after he has become aware or ought to have become aware of the right or claim.
(2) The seller is not entitled to rely on the provisions of the preceding paragraph if he knew of the right or claim of the third party and the nature of it.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Buyer's obligation to give notice to seller of third party right or claim | |
| 1.1 | Requirements for notice | |
| 1.1.1 | Specification of nature of right or claim | 1 |
| 1.2 | Time of notice | |
| 1.2.1 | Within reasonable time after buyer discovers or should have discovered right or claim | 2 |
| 2 | Failure to give timely notice | |
| 2.1 | Loss of right to rely on existence of third party right or claim | |
| 2.1.1 | Right or claim known to seller | |
| 2.1.1.1 | Buyer's reasonable excuse for failure to give timely notice |