NEWSLETTER-2017

267 LAW OF OBLIGATIONS The Optional Rights of the Buyer deriving from the Liability of the Seller due to Defects The TCO entitles the buyer to certain optional rights if the seller delivers defective things. These rights are enumerated in Article 227 of the TCO. Accordingly, “ When the seller is liable for the defects of the delivered things, the buyer may exercise one of the following optional rights: 1. Revocation of the contract by notifying that he is ready to re- turn the sold thing. 2. Detaining the sold thing and requesting reduction in the pur- chase price in the proportion of the defects. 3. Unless its reparation is too expensive, requesting free repara- tion of the sold thing at the seller’s cost and expense. 4. If possible, asking for the replacement of the sold thing with those that are free of defect. The buyer’s right to claim compensation for damages according to the general terms is reserved. The seller may prevent the buyer from exercising his optional rights by immediately delivering the same sold thing free of defect, and by compensating all damages of the buyer. In the event that the buyer exercises his right to revoke the con- tract, and if such revocation is unjustified, then the judge may request that the seller repairs the thing or make a reduction in the purchase price. If the loss of the sold thing is very close to the purchase price, then the buyer may only use its right to revoke the contract or ask for the replacement of the thing with a new one free of defects.” There are various opinions in the doctrine regarding the legal na- ture of the optional rights that are vested to the buyer by law. The issue that causes divergence in the doctrine is whether the buyer’s optional right, particularly its right to revoke the agreement, is a formative right, or a claim that occurs with the parties’ consensus. Although the