ضمان عيوب البيع الخفية : دراسة مقارنة

Abstract EN

The warrantee of hidden selling defects is supposed to be contracted between the two parties, seller and the buyer.

According to the contract the seller must handover the sold material free of any hidden defects of the sold item, in which it would effect its value or it could turn the sold item to unusable article.

The hidden defects which may consequently leading to court case on defected selling, defined as the abnormal act which is not available in a normal behavior on the sold material.

The defect must be already existed in the article or at the selling contracting time or after or before handing over the item.

The defect must be effecting in which reduces the sold item value or its usage.

The hidden defect must not be known to the buyer at the selling time and not possible to be defected if the item was checked with extreme inspection.

It the conditions of hidden defected items the buyer must return the item with the warrantee after notifying the seller on the defect.

The seller would have the option to either return the item by terminating the selling contract or accepting the value as per the contract, provided there is no clause that prohibits returning the item in the contract or breaching any other contract conditions or there was not agreement between the seller and the buyer to change the contract conditions on hidden defected warrantees