Akhze - be - saum in the jurisprudence And civil law

Akhze – be – saum is the obtaining of a sample by one (customer) from the seller in order to study the goods and enter negotiation thereafter for the purchase of that goods.We want to know are the goods in the customers hand, trust things, (because of the outhority for appropriation) or he has an absolute liability, namely he undertakes to give back the goods healthy or pay the price of them? There are different doctrines in this object, but for the correct answer we should know when the seller gives the goods to the customer there is an implied condition that the customer have to give back the goods healthy or pay the price of them and the customer accept this condition. (The only exeption is when there is a force majeure) This fundamental contract requires the customer to do so, for this, the circomstances are different from the time that a person gives a thing to one for trusting because the owner has a different intention.We should know that each authority from the owner for apporiation, (e.g in Akhze – be – saum) can not destroy the obligations of the person who obtain that thing and can not make him a trustee, for judging in these cases we should see the surrounding conditions. These results are not contrary with the article 631 of civil code.