نوع مقاله : پژوهشی
نویسندگان
1 دانش پژوه سطح چهار و مدرس حوزه علمیه قم، دانشجوی دکتری حقوق خصوصی دانشگاه قم
2 استاد تمام، گروه حقوق خصوصی، دانشکده حقوق، دانشگاه قم، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In spite of the rational and religious necessity of fulfilling the contracts, in many transactions there is a violation of the specification and after the conclusion of the contract or after the delivery of the goods, it turns out that the goods subject to the transaction did not have the specified characteristics. In Iranian jurisprudence and law, the only known effect of breach of definition in contracts is the termination option, while the termination of the transaction in many cases may be against the interests of the parties to the contract. Therefore, it is necessary to review the jurisprudential sources of other guarantees of violation of the description. One of these performance guarantees, which has not been properly addressed, is the obligation to eliminate the non-conformity of the goods. In this research, the jurisprudential foundations of "obligation to eliminate the non-conformity of goods" have been examined with the jurisprudential inferential method, and the application of this discussion in Islamic jurisprudence, Iranian law, and the Convention on the International Sale of Goods has been investigated. Paying attention to the nature of the description condition, rational constructions and some hadiths is one of the advantages of addressing this issue in the present research.
کلیدواژهها [English]
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