A Critique and Analysis of the Viewpoint of Choice of Rad and Arsh in Option of Defect (Article 422 of the Civil Code)

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Moazeni Bistgani Hamid; Kaykha Mohammad Reza

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Journal: FIQH Year:2020 | Volume:27 | Issue:2 (102) Page(s): 153-177

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Information Journal Paper

Title

A Critique and Analysis of the Viewpoint of Choice of Rad and Arsh in Option of Defect (Article 422 of the Civil Code)

Author(s)

Moazeni Bistgani Hamid | Kaykha Mohammad Reza | Issue Writer Certificate

Keywords

Option of defect

Abolition of option

Article 422 of the Civil Code

arsh

Abstract

In Option of defect, most of the Imamiyah jurists believe that after the appearance of defect, the customer has the right to abolish and set arsh (compensation) at the same time. The Article 422 of Civil Code based on this viewpoint states that after the deal, if it becomes clear that the goods is defective, then the customer has the authority to take arsh or abolish the deal due to the defective goods. However, the study that has been carried out through descriptive-analytical shows that the arguments of this theory can be accepted. Therefore, using the general hadiths of "al-Nas Mosalatoun ala Amwalahom", "la Yahelo Mal Amro Moslem", "Adeloh la Zarar" as well as Jamil ibn Darraj's narrative and other arguments means lack of choice and the only way to receive arsh is related to the impossibility of Rad (abolition).

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APA: Copy

Moazeni Bistgani, Hamid, & Kaykha, Mohammad Reza. (2020). A Critique and Analysis of the Viewpoint of Choice of Rad and Arsh in Option of Defect (Article 422 of the Civil Code). FIQH, 27(2 (102) ), 153-177. SID. https://sid.ir/paper/368073/en

Vancouver: Copy

Moazeni Bistgani Hamid, Kaykha Mohammad Reza. A Critique and Analysis of the Viewpoint of Choice of Rad and Arsh in Option of Defect (Article 422 of the Civil Code). FIQH[Internet]. 2020;27(2 (102) ):153-177. Available from: https://sid.ir/paper/368073/en

IEEE: Copy

Hamid Moazeni Bistgani, and Mohammad Reza Kaykha, “A Critique and Analysis of the Viewpoint of Choice of Rad and Arsh in Option of Defect (Article 422 of the Civil Code),” FIQH, vol. 27, no. 2 (102) , pp. 153–177, 2020, [Online]. Available: https://sid.ir/paper/368073/en

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