التزام البائع بضمان العيوب الخفية في القانون المدني العراقي

Abstract EN

Many of us on a day buy a property or a movable property and then find in it hidden defects that he was unable to reveal at the time of purchase.

These defects may diminish the value of the sale or make it unfit for use in what was prepared for him.

What are the legal guarantees for both the seller and the buyer if the hidden defect is discovered? The seller with the guarantee of hidden defects is an obligation required by the nature of things because when a person buys something he is supposed to be free of defects, and if he knew that it had a defect, he would not have contracted to buy it or his contract was better for him.

The guarantee of defect includes all sales, whether their location is real estate or a movable thing, tangible or intangible.

An example of a guarantee of defect in sales received on non-material things is if the sale is received in a store and its reputation is found to be bad.

Also, the existence of a hidden defect does not prejudice the buyer's right to resort to claims other than the case for the hidden defect to terminate the contract if the conditions for filing that lawsuit are fulfilled, since the defect that the lawsuit entails is the guarantee of hidden defects and it is the contingent scourge that common sense is devoid of for sale.

”Thus the defects are considered The hidden necessity of the guarantee is the defects that diminish the value of the sale or make the sold item unfit for use on what was prepared for it.

Examples of this are wood decay or a break in the car's motor, the proximity of ground water to the ground, and the unfit for housing.