Analysis of Basis and Legal Nature of Arsh

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Abstract

The obligation of seller to pay arsh in case the object of
sale is defective ,has contractual basis and in cases, it is
impossible to revocate the contract due to the impossibility of
restitution of object or it’s restitution in the same condition as
the time of making the sale contract, buyer may, only, receive
arsh as compensation. the right to collect arsh ,is a financial
independent right that is created ,as to making good the
buyer’s damages ,with the appearance of defect in object and
by the side of the right to revocate the contract but it’s
permanence or fall, is not necessarily affected by the
condition of revocation right

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