Concluding a contract of sale needs availability of many elements and conditions. The contract may be regarded as a valid and legal contract.

Nevertheless the sale contract may be existed but it existence may mixed with many defects in the object of the contract (the sold thing) which reflects injury and damage on the purchaser,s interest.Therefore the purchaser is granted a choice of defect (khiyar al-ayb) and the contract is considered to him as ghayr lazim (not-binding) which gives him the right to rescind the contract. Morever, this option, (the khiyar) may coincide with the concept of liability for concealed defects in the sold thing provided for by Articles (512-517) of Jordanian civil code, which may reflect some contradiction and confusion, which needs to be considered.

Included in

Civil Law Commons