| OCR Text |
Show Another private- legal aspect of avalanche zone planning is the obligation right ( OR). In part, irresponsible property sales have been made by selling building sites in avalanche- endangered areas to credulous buyers. How well the seller was informed about the danger would be in most cases impossible to determine. According to Art. 197 OR, the seller is legally responsible to the buyer, for the qualities assured by him for the object of sale. This holds true, even if the transaction is not recorded, since it is assumed that the buyer acquires a " building site" with the intention of actually using it for construction purposes. Art. 197 is not only valid for buying movable goods, since according to Art. 221 OR, the regulations dealing with the buying of movable goods can also be applied to buying of property. The cheated buyer would then have, according to the principle of acceptance of responsibility, the right to ask the former owner for reparations. AFLC/ HAFB, Ogden 24 |
