الجهل بصفة المبيع و أثره على عقد البيع

الملخص EN

This study deals with the ignorance of the quality of the sold and its impact on sale contract, pinpointing that scholars’ opinions regarding this issue vary.

There are two opinions, the first of which is that if the sold is exactly known (by its qualities), the buyer has the right to return it if one or more qualities are missed, or it has a default in it.

The second is that if the sold is unknown (by its qualities), the buyer has the right to ask for refunding or change.

As for the effects of the ignorance of the quality of the sold, there is no agreement among scholars, be they ancient or contemporary, depending on the qualities of the sold.

In contemporary dealings, for instance, the sold demands all regularities and obligations on both the seller and buyer, and ignorance becomes worthless, or unavailable, specifically with the vast and fast technological developments.