Volume 26, Issue 4 (2022)
CLR 2022, 26(4): 66-86 |
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Daraei M H. A comparative study of buyer liability in inspection of object of contract. CLR 2022; 26 (4) :66-86
URL: http://clr.modares.ac.ir/article-20-62245-en.html
URL: http://clr.modares.ac.ir/article-20-62245-en.html
Assistant Professor, Judicial Sciences and Administrative Services University , dr.daraei@yahoo.com
Abstract: (415 Views)
The "caveat emptor" rule, which has been introduced as one of the basic rules of contract law of traditional common law, does not hold the seller liable for defects in the goods or non-compliance with the terms of the contract, and holds the buyer responsible for inspecting the transaction. On the other hand, Islamic law considers the buyer to be entitled in such positions and gives him the option of defect or the option of incorrect description or the option of unfulfilled condition and the like.
In recent decades, with the emergence of many problems in implementing the "caveat emptor" and considering the violation of buyers' rights if this rule is applied, we face the emergence of the opposite rule called the "Caveat venditor" rule, which seeks to amend the previous rule and the main area of emergence That is the rules governing consumer rights.
In this article, while comparatively studying the institution of "caveat emptor" and similar Institution in Iranian law, we seek to explain the strengths of each of the two establishments and offer a correction proposal to correct the weaknesses of domestic law. However, in general, we will see that what has been achieved nowadays in the common law system, was explained concurrent with the formation of the independent legal system of Islam in the time of the Holy Prophet.
In recent decades, with the emergence of many problems in implementing the "caveat emptor" and considering the violation of buyers' rights if this rule is applied, we face the emergence of the opposite rule called the "Caveat venditor" rule, which seeks to amend the previous rule and the main area of emergence That is the rules governing consumer rights.
In this article, while comparatively studying the institution of "caveat emptor" and similar Institution in Iranian law, we seek to explain the strengths of each of the two establishments and offer a correction proposal to correct the weaknesses of domestic law. However, in general, we will see that what has been achieved nowadays in the common law system, was explained concurrent with the formation of the independent legal system of Islam in the time of the Holy Prophet.
Article Type: Original Research |
Subject:
Comparative Law
Received: 2022/06/15 | Accepted: 2023/02/21 | Published: 2023/05/30
Received: 2022/06/15 | Accepted: 2023/02/21 | Published: 2023/05/30
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