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Explanation of Article 322

Explanation of Article 322

The article clarified that the delivery of the sold item includes all its accessories. The accessories of the sold item are not its essence, growth, products, or fruits, but rather those things without which the buyer cannot fully benefit from the sold item. This includes what is permanently attached to the sold item, what is prepared for its permanent use, and what is considered its accompanying accessories. This includes easement rights, a private road connected to the public road, and immature crops, all of which are accessories to agricultural land. If the sold item is a house, its doors, keys, walls, and floors are included as accessories.

The accessories of a factory include the storage facilities within it, the service facilities established on it, and its machinery. Every sold item is accompanied by its documents indicating ownership, as well as insurance, warranty, or mortgage documents, and anything that proves a right in the contract, whether for the buyer or others.

The judgment on whether something is an accessory to the sold item or not is based on the nature of things, as in the case of easement rights, or on custom, as in considering the doors of a house as part of it, unless there is an agreement between the contracting parties to specify the accessories.

Article 322

Delivery of the sold item shall include its appurtenances, things permanently attached thereto, and other things deemed by custom to be ancillary thereto, even if they are not stated in the contract.