Guarantee of Hidden Defects in the Sale in the Jordanian Civil Law

Abstract

This research aims to study the topic (guarantee of the hidden defect in the sale in Jordanian civil law), which is an important and worthy research topic that has not received sufficient attention in the civil law literature. There is no doubt that the sale contract is one of the most common and used contracts in daily life in all countries of the world. The sale contract is also considered the only contract that a person concludes daily and even a number of times per day. This contract is the basis for the exchange of funds and the link between production on the one hand and consumption on the other. Hence, the Jordanian legislator has dealt with the provisions of guaranteeing hidden defects in Articles (512-521) of the Jordanian Civil Code to achieve stability in financial transactions and cultivate confidence and trade exchange. The study of this research was divided into two main sections: the first section deals with the nature of the hidden defect and the conditions for guaranteeing it, and the second section deals with the provisions of the lawsuit guaranteeing the hidden defect. I have discussed this topic in detail. This study included a set of results and recommendations.