5.5 Prior to the guarantor of eviction summons-by rule of article 624 of the Civil Code (1975), the liability of the seller by the eviction and the vices of the thing takes place even though it has not been expressed in the contract, therefore, the responsibility is legal and non-conventional. In accordance with article 75 of the code of Civil Procedure (1976), the defendant (buyer) may request the summons of eviction within the period to oppose previous exceptions and once cited the guarantor of eviction shall assume defense within the term of the reply. 5.6 Demand interposed happened before the expiration of the term or the fulfilment of the condition-this exception is coming when it is interposed a demand before occur the term or the fulfillment of the condition, since the effectiveness of the contract is conditional upon the arrival of the term or condition for the acquisition or loss of a right. The condition, according to the civil Guillermo Borda, means clause by virtue of which the acquisition or loss of a right is subordinate to a future and uncertain event. The condition can only emerge from the will of the parties. While the term or term is the clause by virtue of which differ (term suspensive) or are limited in time (resolution term) the effects of a legal act opposed to the condition, which can or cannot happen and that it is therefore essentially uncertain, the term has fatally occur. Hence this consequence arises: of the condition depend on the existence of the obligation, while, when average term, only this game its enforceability. And finally compliance with the condition produces retroactive effects, not the term as well. 6 Peremptory exceptions.-peremptory exceptions are the same as the previous article 336 paragraph 7 to 11 of the code of Civil procedure, if they were not raised as previous in his time.