تبرو البائع من ضمان العيب الخفي دراسة مقارنة

The guarantee of hidden defects in the contract of sale and many other contracts, is stipulated by law against the seller. It need not be mentioned in the contract, however the parties may agree on the contrary so that they reduce the extent of the guarantee or even eliminate it. The legislator in Iraq, Egypt and France stipulated that the seller should not be aware of the defect while he demands the cancelation of guarantee, otherwise cancellation will be invalid. Disassociation can be explicit or implicit inferred from the contracting circumstances. Nowadays, with the development of industry and technology and the increasing tendency to protect consumers, it is not permitted for manufacturers and professional sellers to disassociate from the guarantee, on the other hand, they should give sufficient information and advice about the specifications and use of new products. Disassociation of guarantee is also possible under Islamic jurisprudence.