THE BASES OF OPTION OF DEFECT IN THE SALE AND RENT CONTRACTS IN THE IRANIAN AND ISLAMIC LAW

Option of Defect is one of common options between sale and rent contracts, however, it has special rules and conditions in those contracts. In the sale contracts, any defect in the sold or bought thing causes the victim has option of defect but in the rent contracts, only the defect creates option of defect that causes hardship in using of goods or reducing of benefits. In the sale, defect of sold goods give the rescission right or taking compensation to the buyer, but in the rent contract, existence of defect in the goods give the rescission right to tenant and he has not the right for taking compensation. In this article, the special rules of option of defect in the Iranian and Islamic law has been discussed.