نوع مقاله : مقاله پژوهشی
نویسندگان
1 دکتری فقه و مبانی حقوق اسلامی دانشگاه تهران (پردیس فارابی)
2 دانشگاه علوم اسلامی رضوی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The option of defect is a right that allows the buyer to rescind the transaction or receive compensation in the event of a defect in the goods. This research examines whether the buyer's delay in exercising the option of defect leads to the lapse of their right to rescind and claim compensation. This study employs a descriptive-analytical method and examines the impact of delay in exercising the option of defect on the right of rescission and compensation. The findings show that delay does not, in itself, lead to the lapse of these rights unless it indicates the buyer's implied consent to the defect. In case of an unreasonable delay that causes detriment to the seller, the right of rescission lapses; however, the right to claim compensation remains valid as long as the buyer does not explicitly waive it or release the seller from the obligation. This approach can play an important role in protecting buyers in online transactions and determining the return period for goods. It is recommended that the legislator update the regulations concerning the option of defect, including providing a clearer definition of "immediacy,"
کلیدواژهها [English]
