Defectos en la cosa arrendada que imposibilitan el goce Corte Suprema, 7 de julio de 2020, rol N° 8.214-2018

Abstract

This work analyses a recent decision which limits the lessor’s obligation to deliver to the physical availability of goods that match the agreed description and specifications, notwithstanding the fact that the goods presents from the outset such defects that make its use by the lessee impossible. Such outcome contrasts with the legal opinions and case law of the last years, which often grant a broad interpretation of the obligations of the lessor regarding defects of leased goods. Nonetheless, the decision offers elements which allow to determine in which cases the lessee deserves a protection that goes beyond the literal terms of the contract.