أثر التدخل التشريعي على فعالية شروط الإعفاء من ضمان العيوب الخفية في عقود البيع

الملخص EN

The study addresses the effect of legislative intervention on the clause of exemption from guaranteeing latent defect in contracts of sales in light of legislation, jurisprudence and judiciary.

The comparative analytical approach has been adopted while conducting this study.

The authors analyzed legal texts contained, basically, in the Mejalleh, the Palestinian draft civil code, the French civil code as amended in 2016, and the French consumption code; to explore their status and tendency pertaining the subject matter.

Several findings and recommendations have been reached, including the validity of waiver of latent Defects clause in the Mejalleh, as well as in the Arab comparative civil laws, in principle, as long as sellers avoid deceptive actions.

It was obvious that the contemporary approach of French jurisprudence and judiciary tends to consider any clause that constitutes an effective imbalance between the rights and obligations of the parties to the contract, or breaches the principles of good faith and fair dealing, as arbitrary and thus invalid.