چکیده:
The option of defect is one of the common options in sale and lease contracts, but it has specific conditions and rulings in each of these contracts. In a sale contract, the existence of any defect in the object sold or the price creates the option; however, in a lease contract, a defect that causes a reduction in benefit or difficulty in use will trigger the option. In a sale contract, if the option of defect exists, the buyer can rescind the transaction or receive Arsh (compensation for the difference in value); but in a lease contract, there is no discussion of Arsh regarding the option of defect. In this article, the special rulings of the option of defect in sale and lease contracts are examined from the perspective of Imami jurisprudence and the codified laws of Iran.
خلاصه ماشینی:
In fact, unlike all other options, the option of defect possesses three types of rights; based on Article 422 of the Civil Code, if a defect appears in the object sold after its delivery to the buyer, while being ignorant of the defect, the buyer is entitled to choose one of the following three solutions to compensate for their loss: A) Unilaterally dissolve the sale contract, recover all the price paid to the seller, and if not previously paid, refrain from paying the price, and deliver the defective object, which they received under the assumption of its soundness and integrity, back to the seller.
Third Clause) The specificity of the leased essence We have seen that in a contract of sale, according to Article 437 of the Civil Code, the option of defect in the object sold and the price is conceivable, and if the object sold is a generic item (kulli fi al-dhimmah), the buyer does not have the option of defect but can demand that the seller be obligated to deliver a sound object.
Clause Four) Difference in the effect of rescission According to Article 480 of the Civil Code, if a defect arises after the conclusion of the lease contract and before the possession of the benefit in the leased essence, it causes an option for the tenant.
Despite this, the option of defect in sale and lease contracts has special and specific rulings; among them is that in a sale contract, the existence of any defect at the time of the contract creates for the aggrieved person the right to rescind or the right to receive arsh (compensation for the difference in value) (Article 421 of the Civil Code).
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