Ayman shape
The Grand Civil Court ruled the annulment of the contract of the sale of the Nissan Datsun Sky Line, 1979, after the seller was proven to be tampered with the chassis number, which prevented it from registering in the State of Kuwait, and the court obliged the Bahraini seller to return the amount of 15 thousand dinars to Jupiter (Kuwaiti) in compensation for the price paid, expenses and literary damage. The details of the lawsuit are obtained, while the lawyer Sarah Ali, the prosecutor, said that he agreed with the seller in November 2024, to buy a Nissan Datsun Skyline 1979, at the amount of 14625 dinars and transferred the amount to him via a bank transfer, while the defendant shipped the car to Kuwait, and there the car was subjected to technical examination by the Anti -counterfeiting and counterfeiting administration, where they noticed with the car inspection that the number Al -Qaeda is updated, which required the Traffic Department to refuse to register.
Lawyer Sarah Ali said that her client was not aware of this, and decided to send a technical expert who inspected the vehicle, and he noticed the presence of welding, dismantling and dyeing of the chest in the place of the new chassis number, and confirmed that the car sold contains a hidden defect that represents the forgery of the chassis number, which was discovered by the technical authorities in Kuwait after its export, which led to the refusal of its registration, and asked the court to cancel the contract of the contract The plaintiff returned the amount paid for the car for the defendant.
The Prosecutor’s Vice -Dean indicated the text of Article 141/A of the Civil Code that in contracts binding on both sides if one of the contractors does not fulfill his commitment when he arrives, the other contractor may ask the judge to implement the contract, or to annul him with compensation in both cases if he has a requirement, and that is unless the applicant for annulment is limited to fulfilling his obligations, and the text in Article 415 of the same law is that the seller is obligated to guarantee according to the guarantee. For the provisions of Article 411, if the sale at the time of the delivery is a defect that decreases its value, or from its benefit according to the intended purpose of it is beneficial from what is shown in the contract, or what is apparent from the nature of the sale or the purpose that was prepared for it, and the seller guarantees this defect, even if he is not aware of its existence. And the text in Article 425 of the same law is that if the sale is not available at the time of delivery, the traits that the seller guaranteed to the buyer is in it, the buyer would have requested the annulment of the sale with compensation. The court referred to the constant from the vehicle’s examination report by the Department of Crime and Forgery in the State of Kuwait, with the existence of a tampering with the chassis number, which was confirmed by the technical expert who used the plaintiff.
The court ruled that the vehicle’s sale contract was canceled, while obliging the plaintiff to return the vehicle to the defendant and oblige the defendant to pay an amount of 14625 dinars, and obliged the defendant to the appropriate from the expenses, for the fees of the law, and the fees of experience.
