The Second Chamber of the Supreme Court of Justice (SCJ) endorsed the jurisprudential criterion that, in the event of a traffic accident caused by a vehicle sold under the system of conditional sale of furniture, The buyer is responsible and not the seller.Provided that the contract was registered prior to the accident.
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Sentence no. SCJ-SS-22-0004, dated January 31, 2022, of the aforementioned Chamber explains in its motivations what is established in article 17 of Law no. 483 on Conditional Furniture Sales, which indicates that the risks are borne by the buyer, from the day of sale.
“Indeed, in the file in question is deposited as evidence of the facts and the legal consequences derived from them, the contract for the conditional sale of furniture dated July 12, 2017, signed between the company F. Castillo Moto Préstamos, SR L, represented by Mr. Henry Oscar Castillo Encarnación, and Mr. Melvin Antonio Castro Sánchez, whose contract was registered with the Mortgage Conservator of the Municipal District of Santa Lucía de El Seibo, which shows that, the sale contract in question was endowed with a certain date before the accident occurred, which occurred on October 31, 2017 and the registration occurred on July 14, 2017, ”indicates the sentence.
The decision was made by the magistrates Francisco Antonio Jerez Mena, who presides over the second chamber, Nancy Salcedo Fernández, Fran Soto Sánchez and Francisco Ortega Polanco, who annulled the sentence of the Criminal Chamber of the Court of Appeal of the Judicial Department of San Pedro de Macorís and sends to the aforementioned Chamber so that a different composition of judges hears the case.
To see the complete sentence, access the following link: https://bit.ly/3af5Wn4
