Conditions for establishing civil liability resulting from defective products under the guarantee of hidden defects.

Abstract

Abstract Civil liability resulting from defective products is one of the main types of liability, and a special Abstract: Civil liability arising from defective products is one of the main types of liability, and a particular form of civil liability arising from negligence and abuse. While the development of products brings benefit and well-being to the consumer, it has also become a threat to their safety and security due to the risks and damages affecting their physical safety and property. Several obligations have been imposed on the seller under the law, including the obligation to guarantee latent defects. This obligation is separate from the obligation to guarantee exposure and entitlement. In light of this, it has become necessary to understand the extent to which the obligation to guarantee latent defects has progressed. Defects have evolved and become more significant and impactful for the buyer, so jurisprudence and the judiciary have developed and expanded the warranty against latent defects. In accordance with this expansion, the seller is obligated to the warranty if the product does not possess the qualities promised to the buyer at the time of delivery. Therefore, the buyer can use this expansion as a means to claim compensation for damages resulting from the delivery of a product that does not conform to specifications or the delivery of something not agreed upon. These developments resulted from a lack of rules governing hidden defects. Consequently, the warranty for hidden defects does not cover damages resulting from defective products. The seller's obligation does not end with delivery, but is followed by his obligation to guarantee any defects in the sold item that diminish the benefit sought by the buyer. This is achieved by achieving the buyer's purpose in purchasing the product and using it for its intended purpose. If a defect affects the product's value in a manner that causes the buyer to withdraw from the transaction, they may recourse to the seller under the warranty for hidden defects, which is regulated by the Iraqi Civil Code.of civil liability resulting from negligence and infringement. If the development of products brings benefit and luxury to the consumer, then in return it becomes a threat to his safety and security because of the risks and