تطويع ماهية العيب الخفي لحماية المستهلك: دراسة مقارنة

الملخص EN

The obligation to guarantee the hidden defect is one of the most important obligations incurred by the seller towards the buyer, so the legislator has provisions for him that included in the statement of the hidden defect, which is the emergency pest from which the common sense of the sold thing is not found, and it set out conditions for it to be out of date that is in the sale at the time of the conclusion of the contract or after it, but before delivery, as it must be hidden, meaning that the buyer does not know when concluding the contract and before delivery and that it is effective so that it detracts from the benefit of the sale or from its price.

and when these conditions are met, and after the buyer notifies the seller of the defect, he returns the sale to the seller, which is an option if he wants to return the sale or keep it at all the price named in the contract however, this guarantee is bound by barriers and projections for it, in order to achieve justice between the two parties to the contract, which the legislator has put in place to prevent the return of the sale, and that the collaterals of the guarantee would achieve compatibility between the non-arbitrary use of the buyer on the one hand and the reparation of the damage caused on the other.