Prejudice to Ensuring Conformance Penalty in The Contract of Sale | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 6, Issue 4, December 2014, Pages 180-212 | ||
| Authors | ||
| Iman Tariq Al-Shukri and; Haider Abdul-Hadi | ||
| Abstract | ||
| Due to the legacy of scientific and technological progress of the wide gap or a great variation between the professional and the buyer's search has become the latter lacks the experience and knowledge of technological and industrial for these goods and products to the content of the complexity of the installation and high accuracy in their uses, and the consequent difficulty of checking the conformity of products the time of sale the specifications vowed seller Bogdaa in Sales or as required by the buyer of certain qualities in Sales, that are available may be more fulfilling to its needs, and as a result of this disparity of knowledge and economic cooperation between the seller and professional buyer emerged the need for ensuring compliance, and in the light of that provided by this guarantee of protection for the buyer he is not confined to the contracting requirement in their contracts, but extends and expands to include as determined by the legislature of the provisions for the protection buyer who is incapable of that requires the presence of some of the specifications in the sales so he can satisfy his needs, which is the oldest hired for. So must oblige the seller to hand over something identical with those terms and conditions mentioned in the contract expressly or implicitly, where seller shall deliver sales conform to the specifications referred to in the contract, or set forth in the rules of law, and must respond Sales for the purpose of, or intended buyer of the contract. And when peace seller selling conform to the specifications agreed upon, the seller gets rid of the penalty violation of the obligation to extradite non-conforming, even though the thing sold in poor condition, as the ill, have been taken into account when determining the price, worth mentioning that the specification Sales may agree by the contracting parties, as may be determined by the texts jus-in- therefore the seller is a guarantor her up in case of omission buyer mentioned, it is not permissible for contractors to agree on what opposers through the development of specifications for the sale violates example stipulated quality. | ||
| Keywords | ||
| and the consequent difficulty of verifying the conformity of products the time of sale specifications seller pledged Bogdaa in Sales or as required by the buyer of certain qualities in Sales | ||
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