Which type of waiver of warranty against eviction is described as made by the buyer without knowledge of the risk of eviction?

• A. Waiver intencionada
• B. Waiver consciente
• C. Waiver redhibitoria
• D. Waiver obligaria

Answer: (B)

The main idea is how the waiver is characterized by the buyer’s knowledge at the moment of waiving the eviction warranty. A waiver labeled as conscious means the buyer makes an informed choice, fully aware that eviction risk exists and still agrees to give up the warranty. This reflects an intentional, knowingly accepted risk rather than a result of ignorance or inadvertence. In this framework, the waiver is treated as a deliberate act by the buyer, which is why it’s described as conscious. The other terms refer to different notions (for example, redhibitory relates to defects affecting the sale, and obligatory to duties imposed by law or contract), so they don’t capture the idea of an informed, aware waiver in the same way.