It does not require a judicial ruling, the consent, or the presence of the other party. If they dispute as to in whose possession the defect arose, the buyer’s statement is accepted with his oath. If only one of their claims is plausible, it is accepted without an oath.

His statement, “It does not require a judicial ruling,” means that rescission on account of a defect does not require the ruling of a judge. Thus, if the buyer wishes to rescind, he is not required to go to the judge and say, “I wish to rescind the sale concluded with so-and-so.” This is an established right belonging to its holder, so it does not require litigation. Nor is it a disputed matter for which it might be said that a judge’s ruling resolves the juristic disagreement; rather, it is a matter upon which there is agreement.

His statement, “Nor the consent or presence of the other party,” likewise means that it does not require the consent or presence of the other party. The word “consent” here is not marked with nunation because it is understood as the first term of a possessive construction. Thus, it does not require the consent or presence of the buyer’s counterpart—namely, the seller.