The Application of the Jurisprudential rule "Warranty by Deception" (al-ḍamān bl-taġryīr) on Commercial Transactions and the Extent of its Application in Jordanian Civil Law Using " Forging and Replacement of Labels of the Country of Origin on the merchan

Abstract

This study aims to examine the impact of deception in transactions related to the alteration and change of labels indicating the country of origin on goods. The researchers have concluded that this act falls within the category of deception and constitutes a sufficient defect on its own to invalidate the contract and to ensure the protection of the consumer. This is because the description used to market the product to the buyer is of significant importance and gravity, to the extent that had the deceived contracting party been aware of it, they would not have entered into the contract. It became clear that changing the country of origin is a hidden defect not apparent to the buyer. In this context, the concept of deception applies both in Islamic law and in legal terms to this practice, necessitating the seller's obligation to accept the return of the goods if the buyer wishes to do so after the purchase. This defect is considered one of the hidden defects unknown to the buyer and aligns with the legal definition of defect warranty (ḍamān bl-taġryīr). It also corresponds to the legal definition in the Jordanian Civil Code, which states that a defect in goods is anything that causes a decrease in value below the customary price.