With the removal of the defect cucumber, will the right of inheritance and the right of cancellation be lost?

According to the Fars news agency’s judicial group, the session of the Supreme Court’s general board was held in connection with urgent legal cases in the presence of Hojjat-ul-Islam wal-Muslimin Seyyed Ahmed Mortazavi Moghadam, President of the Supreme Court and high-ranking judges.

In this meeting, the report of the legal insistence case was read on the issue of whether Arash’s right to claim remains or not for the customer, despite the provision of the condition of Khayarat Cafe’s cancellation.

In this case, a person has submitted a request to issue a verdict on the conviction of the defendant to pay for the difference of a defective device, and the second branch of the General Court of Law of Mohammadiyeh regarding the petitioner’s request for a verdict on the conviction of the defendant. Issued that it has been appealed by the convicted.

The appellant stated in the appeal petition that we rejected the defect and said that we traded iron for iron, with all defects and appearances, and on the other hand, Fimabin’s contract with the appellant was a reciprocal contract, and during the contract, a Peugeot 405 model 1383 with a We exchanged a Peugeot Ardi model 1382 and a Niktas motorcycle model 1397, and all the options in the contract have been canceled and the witnesses of the contract are ready to testify in court.

The 50th branch of the Supreme Court found the decision issued by the second branch of the General Court of Muhammadiyah to be flawed and violated the decision and referred the case to another branch of the same court. has issued an insistence on sentencing the defendant to pay the penalty, the case was presented to the public board for consideration.

In this meeting, the difference of opinion between the third and second branch of the General Court of Law of Mohammadia city on the one hand and the fifty branch of the Supreme Court of the country has been discussed and investigated.

Finally, after a detailed discussion and arguments for and against the opinion of the 50th branch of the Supreme Court of Iran that by removing the defect, the right to throne is also lost, they found it correct and out of a total of 53 judges of the legal branches present in the meeting 29 people found the vote of the 50th branch to be in accordance with Sharia and legal standards.

Therefore, according to the provisions of the opinion of the majority of the judges present in the meeting, although the legislator in Article 422 of the Civil Code, with the description that if it appears after the transaction that the seller is defective, the customer has the right to terminate the contract and receive compensation, but in this When the case is dropped, both rights are lost.

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