Volume 24, Issue 3 (2020)
CLR 2020, 24(3): 27-35 |
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Saghafi M, Hajian H, Niazi A. The Impact of Agreements Related to After-Sale Services on the Contract of Sale. CLR 2020; 24 (3) :27-35
URL: http://clr.modares.ac.ir/article-20-27677-en.html
URL: http://clr.modares.ac.ir/article-20-27677-en.html
1- Assistant Professor, Faculty member of Law department, University of Zanjan, Zanjan, Iran.
2- PhD Student in Private Law, Islamic Azad University, North Tehran Branch,Tehran, Iran
3- PhD in Private Law, Isfahan University, Isfahan, Iran ,abasniazi@ut.ac.ir
2- PhD Student in Private Law, Islamic Azad University, North Tehran Branch,Tehran, Iran
3- PhD in Private Law, Isfahan University, Isfahan, Iran ,
Abstract: (2412 Views)
With the advancement of technology and the provision of various goods and services, one of the issues that make people want to buy a product is after-sales service. The main question that this article seeks to address is the nature of the after-sales service commitment and how it differs from other similar entities. In this article, this issue has been studied in a descriptive and analytical manner with the help of library tools and it has been determined from the available data that after-sales service is in a different nature from warranty and guarantee. Creating a commitment to after-sales service is conceivable by inserting an action condition or on the basis of a predetermined condition, in this situation, the condition is against the obligee and the right of obligation is created for the conditional. If after-sales service is included as an action condition in the contract of sale, sometimes the manufacturer entrusts the provision of services to third parties by concluding a subcontract that is subject to the contract of sale. An after-sales service commitment may be made through a contract independent of the original contract, so it requires the basic terms of the contracts. On the other hand, the obligation to provide after-sales service in capital goods may have legal roots, and in this case it is part of the mandatory rules, so agreements contrary to these rules are invalid and ineffective. Some consider the nature of this contract as a service contract and some as a contracting contract, in fact, the root of both contracts is the lease of individuals.
Article Type: Original Research |
Subject:
Comparative Law
Received: 2018/11/30 | Accepted: 2021/01/24 | Published: 2021/02/19
Received: 2018/11/30 | Accepted: 2021/01/24 | Published: 2021/02/19
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