Jurisprudential-legal re-examination of the fall of rejection and arash in the assumption of the decline of the defect before knowledge of it in the jurisprudence of the Khamseh schools and Iranian law.
1
Department of Law, Razavi University of Islamic Sciences, Mashhad, Iran
2
دانشجوی دکتری حقوق خصوصی، دانشگاه رضوی
3
Razavi University of Islamic Sciences
10.22034/fm.2024.427416.2075
Abstract
According to Article 422 of the Civil Code, if the product is defective and the defect remains from the time of the contract to the time of rejection, the customer has the right to choose one of three things: accepting the defective product, receiving the warranty, or canceling the transaction. The issue is that if the defect of the defective product disappears before the customer is aware of the defect, does the right of the cucumber remain or not? Is the presence of defects sufficient only at the time of marriage, or is the presence of defects and the customer's knowledge of it important at the time of making an appointment? Using the descriptive-analytical method, this research has investigated the various attitudes in the fall of the right of rejection in the assumption of the deterioration of the defect in transactions from jurisprudential and legal aspects, and by emphasizing the importance of legal balance and fairness in transactional relations as The basic principles emphasized, to choose an attitude based on this; According to the fact that in the event of a defect, the right of the cucumber will also be forfeited with reasons based on maintaining and balancing the rights of the customer and the seller, prohibiting the violation of the rights of the parties to the transaction, fairness in contracts. Based on this, a legal provision has been presented to protect the rights of customers and sellers in the face of the assumption of deterioration. This regulation is presented in order to guarantee the rights of customers and sellers in transactions and to maintain balance and fairness in contracts, and it determines how to compensate customers' unfair losses and balance the rights of the parties to the transaction in the conditions of deterioration.
miri, M., karami, F., & Naqibi, S. M. (2024). Jurisprudential-legal re-examination of the fall of rejection and arash in the assumption of the decline of the defect before knowledge of it in the jurisprudence of the Khamseh schools and Iranian law.. Fiqhe Moqaran, (), -. doi: 10.22034/fm.2024.427416.2075
MLA
mehdi miri; farzane karami; Sayyed Mahdi Naqibi. "Jurisprudential-legal re-examination of the fall of rejection and arash in the assumption of the decline of the defect before knowledge of it in the jurisprudence of the Khamseh schools and Iranian law.". Fiqhe Moqaran, , , 2024, -. doi: 10.22034/fm.2024.427416.2075
HARVARD
miri, M., karami, F., Naqibi, S. M. (2024). 'Jurisprudential-legal re-examination of the fall of rejection and arash in the assumption of the decline of the defect before knowledge of it in the jurisprudence of the Khamseh schools and Iranian law.', Fiqhe Moqaran, (), pp. -. doi: 10.22034/fm.2024.427416.2075
VANCOUVER
miri, M., karami, F., Naqibi, S. M. Jurisprudential-legal re-examination of the fall of rejection and arash in the assumption of the decline of the defect before knowledge of it in the jurisprudence of the Khamseh schools and Iranian law.. Fiqhe Moqaran, 2024; (): -. doi: 10.22034/fm.2024.427416.2075
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