Analysis on principle of "integrity of goods" in Imamie jurisprudence and Iranian law Emphasis on rights of consumer
One of the fundamental rights of consumers in relation to vendors of manufactured goods is the right to cancel a transaction or sue for exhibitory action, i.e. claim damages, in case the merchandise is defective. Therefore, in case the actual merchandise to be sold is not seen in a transaction (Koll...
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University of Kurdistan
2019-01-01
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| Series: | مطالعات تطبیقی فقه و اصول مذاهب |
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| Online Access: | https://mfu.uok.ac.ir/article_61033.html?lang=en |
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| author | Eghbal Ali mirzaei ali khaledi |
| author_facet | Eghbal Ali mirzaei ali khaledi |
| author_sort | Eghbal Ali mirzaei |
| collection | DOAJ |
| description | One of the fundamental rights of consumers in relation to vendors of manufactured goods is the right to cancel a transaction or sue for exhibitory action, i.e. claim damages, in case the merchandise is defective. Therefore, in case the actual merchandise to be sold is not seen in a transaction (Kolli Felzammeh),and the supplied merchandise is proved to be defective, the customer is entitled to a replacement. Moreover, if the defective merchandise or service causes a harm to the consumer because of the said defect, the injured party is entitled to ask for compensation. Such a legal action would of course be contingent upon proof of defect. In the Iranian Civil Law, based on Imamie School, the merchandise is assumed to be in a condition of integrity at the time of the agreement. In case of a conflict, this principle requires the customer to be the claimant and the vendor to be the denier. Accordingly, the customer is required to prove that the merchandise was defective at the time of the agreement and that it belonged to the vendor. In line with contemporaneous situations and advanced legal systems, the Iranian Consumer Rights Protection Act (CRPA) of 2009 intends to restrict the Principle of Integrity of Merchandise. In the relationship between suppliers and Consumer; the contract does not presume the integrity of the merchandise. Rather, the statutory presumption is that the merchandise is defective, and it is the vendor who must prove the contrary, and the integrity of the merchandise. |
| format | Article |
| id | doaj-art-d9a6163da08e47eea9faa24879cb4d1a |
| institution | OA Journals |
| issn | 3041-8682 |
| language | fas |
| publishDate | 2019-01-01 |
| publisher | University of Kurdistan |
| record_format | Article |
| series | مطالعات تطبیقی فقه و اصول مذاهب |
| spelling | doaj-art-d9a6163da08e47eea9faa24879cb4d1a2025-08-20T02:11:59ZfasUniversity of Kurdistanمطالعات تطبیقی فقه و اصول مذاهب3041-86822019-01-0111506610.34785/J016.2018.971Analysis on principle of "integrity of goods" in Imamie jurisprudence and Iranian law Emphasis on rights of consumerEghbal Ali mirzaei0ali khaledi 1Assistant Professor of Law, Faculty of Humanities and Social Sciences, Kurdistan University, Sanandaj, Iran.LawyerOne of the fundamental rights of consumers in relation to vendors of manufactured goods is the right to cancel a transaction or sue for exhibitory action, i.e. claim damages, in case the merchandise is defective. Therefore, in case the actual merchandise to be sold is not seen in a transaction (Kolli Felzammeh),and the supplied merchandise is proved to be defective, the customer is entitled to a replacement. Moreover, if the defective merchandise or service causes a harm to the consumer because of the said defect, the injured party is entitled to ask for compensation. Such a legal action would of course be contingent upon proof of defect. In the Iranian Civil Law, based on Imamie School, the merchandise is assumed to be in a condition of integrity at the time of the agreement. In case of a conflict, this principle requires the customer to be the claimant and the vendor to be the denier. Accordingly, the customer is required to prove that the merchandise was defective at the time of the agreement and that it belonged to the vendor. In line with contemporaneous situations and advanced legal systems, the Iranian Consumer Rights Protection Act (CRPA) of 2009 intends to restrict the Principle of Integrity of Merchandise. In the relationship between suppliers and Consumer; the contract does not presume the integrity of the merchandise. Rather, the statutory presumption is that the merchandise is defective, and it is the vendor who must prove the contrary, and the integrity of the merchandise.https://mfu.uok.ac.ir/article_61033.html?lang=enmerchandiseproofdefectintegrity |
| spellingShingle | Eghbal Ali mirzaei ali khaledi Analysis on principle of "integrity of goods" in Imamie jurisprudence and Iranian law Emphasis on rights of consumer مطالعات تطبیقی فقه و اصول مذاهب merchandise proof defect integrity |
| title | Analysis on principle of "integrity of goods" in Imamie jurisprudence and Iranian law Emphasis on rights of consumer |
| title_full | Analysis on principle of "integrity of goods" in Imamie jurisprudence and Iranian law Emphasis on rights of consumer |
| title_fullStr | Analysis on principle of "integrity of goods" in Imamie jurisprudence and Iranian law Emphasis on rights of consumer |
| title_full_unstemmed | Analysis on principle of "integrity of goods" in Imamie jurisprudence and Iranian law Emphasis on rights of consumer |
| title_short | Analysis on principle of "integrity of goods" in Imamie jurisprudence and Iranian law Emphasis on rights of consumer |
| title_sort | analysis on principle of integrity of goods in imamie jurisprudence and iranian law emphasis on rights of consumer |
| topic | merchandise proof defect integrity |
| url | https://mfu.uok.ac.ir/article_61033.html?lang=en |
| work_keys_str_mv | AT eghbalalimirzaei analysisonprincipleofintegrityofgoodsinimamiejurisprudenceandiranianlawemphasisonrightsofconsumer AT alikhaledi analysisonprincipleofintegrityofgoodsinimamiejurisprudenceandiranianlawemphasisonrightsofconsumer |