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8. Sale of receivables. Art. 579

  • If the receivable turns out to be non-existent or the security is non-existent, seller liable to buyer under Art. 570 or Art 575
  • If seller of a receivable (which is already due) warranted the debtor's solvency, it will (in the absence of a clear language) be interpreted that the seller warranted the debtor's solvency at the time of the sale of receivable, rather than at the time the receivable is collected.
  • If the seller's warranty of debtor's solvency is given before the receivable is due, it will (in the absence of a clear language) be interpreted that the seller warranted the debtor's solvency as of the receivable's due date.
  • Buyer may claim damage (in respect of the breach of warranty) from seller.
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