الضمانات المقدمة الى المشتري في عقد البيع

الضمانات المقدمة الى المشتري في عقد البيع

م. م. اوس طارق عبود

م . د. كرار ماهر كاظم

م. م. موج ماجد جابر

قسم القانون / كلية الكوت الجامعة

Abstract :

After concluding the sales contract and transferring the ownership of the thing sold to the buyer, the seller has an obligation to guarantee all the exposure and entitlement the buyer may face to the sale, whether this exposure is personally issued by the seller himself, whether materially or legally, or it is a legal exposure issued by a third party, given that The seller does not guarantee the material exposure issued by third parties to the buyer. This is what is meant by the guarantee of exposure and entitlement in the contract of sale. Likewise, the seller has an obligation to ensure that the buyer possesses the thing sold in a quiet and feasible possession, free from all defects, given that the buyer considers the desired benefit when determining the price of the sale. If there is a hidden defect in the thing sold, which detracts from the value of this interest, the buyer is obligated to pay the price to the seller in return for obtaining the thing sold without a legitimate justification. This is what is said about the guarantee of hidden defects in the contract of sale.

The legislator has permitted the two parties to the sales contract to agree to amend the provisions of this guarantee according to what each one of them deems appropriate, whether by increasing or decreasing its provisions or even exempting from it. Considering that the provisions of this guarantee are not part of the general system.

It should be noted that it is not required for the emergence of this guarantee that the sales contract be registered, because the seller’s commitment to the guarantee is a personal obligation that arises as soon as the sales contract is concluded.