نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 دانشجوی دکتری. دانشگاه علوم اسلامی رضوی
2 گروه حقوق دانشگاه علوم اسلامی رضوی-مشهد مقدس
3 دانشگاه آزاد اسلامی، مشهد
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The provisions related to defects and defects in Iranian law have limitations and conditions have been determined for the application of these rights. One of these conditions is that the defect is present and hidden during the contract, and the customer does not know about the defect at the time of sale. This issue has created the challenge of whether the defect clause is valid in case of knowledge of the defect and what effect it has on the contract.
Due to the difference of opinions on this issue, a comprehensive code was obtained by analyzing and examining jurisprudence and legal texts in a descriptive way to solve this challenge. Since today, with the advancement of technology and the complexity of goods, it is not possible to detect defects by observation and examination, and expertise is needed to recognize them, and the parties to the contract often do not have equal power. based on the requirements of distributive justice; Defect cucumber condition can moderate the equality of negotiation power. Because the buyer may be aware of a defect in the goods at the time of the contract, but cannot predict whether this defect will affect the value of the goods in the future or not; Therefore, it is necessary to require the option of defect on the part of the buyer.
کلیدواژهها [English]
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