EFFECTS OF WAIVING OPTION OF LESION ON ENORMOUS LESION

Abstract

Option of lesion is one of the legal options usually waived by parties. As the deceived party is not informed of the real price, he predicts maximum damage and waives his option with such a probable presumption. In this regard, if it is known that the happened lesion exceeds his presumption or the convention considers such a lesion rate as excessive, should we regard the option of the deceived person as waived? To answer this question, there have been different opinions. We reviewed two different perspectives and then presented our viewpoints.