Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Price reduction in Iranian and European rights

Document Type : Review Article

Authors
Saman Askari 1
Reza Zarjan 2
Nazanin Abbaspour Ikder 3
1 PhD student in Private Law, Faculty of Law, Islamic Azad University, Qeshm International Branch. (Corresponding Author)
2 Senior expert in private law, Faculty of Law, Islamic Azad University, Bandar Abbas branch.
3 PhD student in criminal law and criminology, Faculty of Law, Islamic Azad University, Kish International Branch.
Abstract
When a contract is concluded between two or more persons, the contractual obligations of the seller require him to deliver the goods or goods sold to the buyer in accordance with the terms of the contract and the agreement of the parties, and accordingly in the law of most countries In the seller and its non-compliance with the contract, a performance guarantee is provided to support the buyer so that the buyer can use that performance guarantee if necessary. One of these guarantees is the rule of "price reduction", which is equivalent to "Arsh" in our jurisprudence and legal system. Reducing the price or Arsh means the difference between the price of a healthy and defective seller that the buyer receives from the seller if the seller is defective. However, the reduction of the price is not explicitly mentioned in the current laws of our country as well as jurisprudence; However, in the mentioned systems, there are institutions that have the same effects, goals and functions, among which we can mention obtaining the arch in the option of defect and div
Keywords
Price reduction
Compensation of defect
Right of termination
Defect
Line Discrimination
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  • Receive Date 10 May 2023