أثر فسخ عقد لوجود عيب في الدبيع : دراسة مقارنة

Abstract EN

This article aims to characterize the impact of cancelling a contract due to a defect in the sale, and when, why and how a contract is concealed.

Each contract has several impacts on its cancellation, and these impacts vary according to the reason for cancellation such as cancelling a contract due to a defect.

Due to being in favor of one of the contractors, conflict arises as well as difference between both contractors, and each contractor tries to get it for his benefit.

The study employs the inductive approach.

It concludes that if the sale has a defect, it is possible to return it immediately, and if the sale does not change in quantity or quality, the buyer does not have to pay for anything.

However, if the sale has changed without a clear defect, it is not possible for the buyer to return it.

But if something happened to the sale, and it reduces its price or its quality, the buyer has to buy for the change, or any other consequences.