Sales Contract and Defect. Guarantee Debt Against Defect

1 Baku St. U. L.Rev. 51 (2015)
Article language: Azerbaijani.


The article is about defective merchandise, concept of guarantee debt against defect in the sales contract, which is one of the most important contracts of civil law. The cases of defective merchandise in the sales contract are often encountered in daily life and create some problems for both the buyer and the seller. The introductory part of the article is about the legal nature of a contract of sale, then the meaning of defect in international and national legislation, and in which cases it’s called defective merchandise, are forming the informative part of the article. As shown in the article, an object, which is guaranteed with debt against a defect in cases when it breaches a contract, defines the responsibility of a seller and is important in a buyer’s term of interest. In the prevention of a defective merchandise and the solution of arising problems, the obligations of a buyer and a seller’s debts, which are mentioned in the article, are crucial. At the same time, the concept of “aliud”, which is new for the national legislation, is mentioned in the article.

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