NEWSLETTER-2017

269 LAW OF OBLIGATIONS 2. In accordance with the provisions governing the possession of the thing, compensation for litigation costs, and expenses that are incurred by the buyer. 3. Payment of the direct damages derived from the defected sold thing. The seller is obliged to compensate the buyer for any further loss or damage unless he can prove that no fault is attributable to him.” Due to the above-mentioned controversies of the opinions in the doctrine, the purchase agreement retrospectively is revoked, some- times by way of a unilateral declaration of intent of the buyer and sometimes by way of the mutual consent of the parties or, in some cases, through the revocation decision given by the judge. Therefore, the return of the executed fulfillments is required upon revocation of the agreement. The return of the obtained benefits and the interest of the paid amount are stipulated, as the purpose of the exercise of this right of revocation of the agreement which is to reach the point before the conclusion of the agreement. That being said, the compensation of the seller, for the damages that the buyer is exposed to, is also stipulated in this regard. Reduction of Price As is noted, above, Article 227 of the TCO entitles the buyer to detain the sold thing, and to file a claim to request reduction of price in proportion of the deficiencies in the defected thing. Contrary to the option of right to revoke the agreement, in the exercise of this optional right, the agreement, except for the provisions regarding the price, maintains its existence, and the validity and the accessory rights that belong to the reciprocal receivables remain the same. The unilateral declaration of intention is not sufficient for the exercise of this right. In this regard, the consent of the seller as to the reduction of price is required, as well. Another method in this respect is to apply to the courts.