أحكام أرش العيب بين الفقه الإسلامي والتشريع الجزائري

Abstract EN

This research studies the issue of compensation for the defect in Islamic jurisprudence and Algerian legislation, which is a very important issue in the optional sale.

the research aims to clarify the meaning of the term "arch", as it is little used and unknown to many researchers.

it also aims to rooting some of the sayings of the jurists on the issue of compensation for a defect in the thing sold, and to determine the controls of taking or asking for the compensation as an alternative to return for defect.

while clarifying the position of the Algerian legislation on the issue of compensation for the defect.

among the most important results of the research is that the defect compensation is the value that the seller returns to the buyer when there is a defect in the thing sold, as compensation for that defect.

if certain conditions met, the most important ones: the defect must be old before the sale, it must be hidden and unknown to the buyer, and he must be aware of it without changing the core of the thing sold.

It is also not acceptable to respond with a defect in cases; the most important ones: the seller’s disavowal of the defects, the buyer’s knowledge of the defect and his consent with it, the buyer’s disposal of the sale in a manner indicative of consent, and the expiration of the option period considered legally.