انعكاسات التداخل بين مفهوم العيب و عدم المطابقة على نظام المسؤولية العقدية

Abstract EN

Despite the difference between both the lack of character and the defect, both in terms of nature or source, but that did not get a degree of experience between some of the topics that attract rules governing each, so that lead to overlap between the two concepts, which led the French judiciary to expand from The circuit was not described to include its hidden defect scope and thus drove the buyer out of the circle where he was confined because of the narrow jurisprudential interpretation of the legal texts which did not allow him to resort to the claim of liability in the case of the sale of defective contract.