THE ROLE OF HIDDEN DEFECT IN TERMINATING THE SALE'S CONTRACT
Keywords:
Sales contract, Hidden defec, Contract terminationAbstract
The effect of the existence of an old and influential defect in the sale is that the contract is not obligated on the buyer, and he can express his opinion about terminating the contract by his unilateral action. The contract is terminated before receiving the sale with everything that indicates it, whether explicitly or implicitly, without the need for the seller’s consent or litigating him, but on the condition that he is aware of the rescission. If the receipt is made, the termination must be done either by mutual consent or by litigation. If the contract is terminated because of the defect, the buyer must return the sale to the seller and recover the price. The Iraqi legislator must apply the provisions of the Vienna Convention regarding its regulation of the treatment of the issue of hidden defects through repairing the defect, because this case, when taken into account, as stated by the Vienna Convention, reduces the cases of contract termination
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