الإلتزام بضمان مطابقة المبيع و تمييزه عن الالتزامات الأخرى للبائع : دراسة مقارنة

الملخص EN

The subject of the compliance obligation is one of the topics brought by the Vienna Convention for the International Sale of Goods 1980, as it came with this commitment and explicitly stipulated it specifically in Articles (35-44) of it as one of the obligations imposed on the seller and in favor of the buyer, as for civil laws, whether in Egypt or In Iraq, it did not refer to that commitment except implicitly in a few texts, as we have seen.

The jurisprudence and the judiciary differed in defining the obligation to guarantee conformity, but the simple concept of that guarantee is evident in the necessity for the seller to deliver a sale to the buyer in conformity with the specifications agreed upon in the contract, otherwise the buyer has the right to reject the sale and hold the seller responsible for the civil liability resulting from that.

The compliance obligation is of two types: it is either a commitment to physical conformity or a commitment to intangible (legal) conformity.

The first is divided into four sections, which are either quantitative, descriptive, functional, or packaging conformity.

The second is divided into legal conformity and documentary conformity.

The obligation of conformity is close or similar to many legal situations similar to it, but we limited ourselves to distinguishing the guarantee of conformity from the obligations of the seller in the sales contract, namely the obligation to deliver, the obligation to guarantee exposure and entitlement, and the obligation to guarantee hidden defects, and we highlighted the similarities and differences between each of them and between Conformity guarantee.