Short answer. No. Under Article 1577 of the Civil Code, a redhibitory action for animals can only be based on faults and defects recognized by law or by local customs. If the defect in your animal falls outside those recognized categories, this particular action is not available to you.

What the law says

This action can only be exercised with respect to faults and defects which are determined by law or by local customs.

Civil Code, Article 1577 — Prescription: Redhibitory Action for Animals (40 Days). Read the full provision →

What a redhibitory action is

A redhibitory action is the buyer's legal remedy when a hidden defect in a sold item is serious enough to make it unfit for its intended use, or so reduces its value that the buyer would not have bought it — or would have paid less — had the defect been known. For most goods, a buyer can raise any such hidden defect. For animals, the Civil Code applies a stricter filter: the defect must be one that law or local custom specifically recognizes as redhibitory. A defect that is real and damaging but does not fall within a recognized category cannot support this action.

Why the law limits this to recognized defects

Animals are living creatures whose health can deteriorate after the sale for reasons entirely unrelated to the seller's conduct. The legislature narrowed the redhibitory action to defects recognized by law or local custom precisely because animal defects are harder to attribute clearly to the condition at the time of sale. Local custom matters here: what counts as a recognized defect may differ between a farming community raising carabaos for field work and a kennel selling purebred dogs. If there is a recognized local standard for the type of animal you bought, that standard can be relevant even if no written law expressly lists the defect.

The forty-day deadline still applies

Article 1577 also sets a hard deadline: the redhibitory action for animals must be brought within forty days from the date of delivery. Even if the defect you discover does fall within a recognized category under law or local custom, you lose the action if you wait beyond forty days after taking possession of the animal. This is one of the shortest prescription periods in the Civil Code, so act promptly if you believe you have a valid claim. The forty-day clock runs from delivery, not from the date you noticed the defect.

Other remedies may still be available

The redhibitory action under Article 1577 is not the only path open to a dissatisfied buyer of an animal. If the animal was sold with an express warranty, you may have a warranty claim based on that specific promise. If the seller knew about the defect and concealed it, that conduct can ground a separate claim. If the sale was made for a stated purpose and the animal is unfit for it, a different provision of the Civil Code may apply. Whether any of these alternatives fit your situation depends on the specific facts — the safest step is to document the defect, note the exact date of delivery, and consult a lawyer promptly.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.