Where a thing specified only by class is bequeathed, then if the thing delivered is defective, the legatee may demand that they be given a thing free from defects instead of the defective thing. If the person charged has fraudulently concealed a material defect, the legatee may demand damages for non-performance in lieu of delivery of a thing free of defects without having to set a deadline for cure. The provisions governing liability for material defects with regard to the purchase of a thing apply to these claims accordingly.
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Book 5 · Law of succession › Title 4 · Legacies › Section 2183
Liability for material defects
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