Explanation of Article 341
The first paragraph clarified that the buyer's right to revert to the seller for warranty of defect, whether by rescission or by claiming the price difference, is forfeited when the buyer expresses acceptance of the defect explicitly or implicitly; such as if the buyer knew of the defect and delayed informing the seller within the period stipulated in Article (340).
The second paragraph clarified the cases in which the buyer's right to request rescission of the sale is forfeited while retaining the right to claim the price difference as follows: A- If the buyer disposes of the sold item in a manner that removes it from his ownership, such as by sale or gift; because it is impossible to return the sold item to the seller due to the transfer of its ownership and disposition to another party; and because if the disposition is by sale, the buyer cannot reclaim the sold item from the person to whom it was transferred, as he is liable for eviction; since reclamation and warranty cannot coexist. If the sold item returns to the buyer before he requests the price difference, such as when the second buyer returns the item due to a defect, the first buyer can also return the item to his seller.
B- If the buyer establishes a right for another party on the sold item that does not remove it from his ownership, such as a usufruct or mortgage, and it is impossible to release it within a reasonable period; because the right in the sold item is not solely for the buyer but is shared with another party, and it is impossible to return the sold item to the seller in its original state free of the right.
C- If the sold item is destroyed or damaged by the buyer's action or after he receives it, because destruction makes returning the sold item impossible, and if the destruction is by the buyer's action before actual delivery, he is considered to have received it by judgment; thus, he is liable for it. As for the damage to the sold item, it is a change in the item by a defect that gives the seller the right to refuse it, and this damage is also restricted to being by the buyer's action or after he receives it, because then it is under his warranty, and if the new defect is removed, the buyer's right to rescind for the old defect returns.
The restriction of destruction and damage to being by the buyer's action or after he receives it excludes cases where any of these occur while the seller is responsible, such as if the sold item is destroyed or damaged before delivery without the buyer's action, or after delivery by the seller's action; this does not forfeit the buyer's right to rescind.
D- If the buyer increases the sold item with a connected increase not derived from it before or after receipt, such as constructing a building on the sold item or dyeing it, and so on; because it is impossible to return the sold item in its original state to the seller due to the buyer's actions; however, if the sold item increases with a connected increase derived from it, such as the item growing larger or fatter, or a separate increase derived from it, such as animal offspring, or a separate increase not derived from it, such as rental income from property, this does not forfeit the buyer's right to return the sold item.
Related To
Article 341
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If the buyer explicitly or implicitly accepts a defect, he shall relinquish the right to terminate the sale and the right of recourse against the seller for the price difference.
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The buyer shall relinquish his right to terminate the sale, but he may have the right of recourse for the price difference in the following cases:
a) If he disposes of the sold item in such a way as to lose ownership thereof. However, if he regains possession of said item prior to claiming the price difference, his right to termination shall not be relinquished.
b) If he creates third-party rights over the sold item which do not result in his loss of ownership, and it is not possible to clear the item from such rights within a reasonable period.
c) If the sold item is destroyed or becomes defective by his own action or after taking delivery thereof.
d) If he makes an integral addition to the sold item that is not automatically generated from said item, whether prior to or after taking delivery.