Complicating the contract in the 1980 International Sale Convention Vienna

Document Type : Original Article

Authors

1 PhD Student in Private Law, Azad University, Semnan Branch

2 Assistant Professor, Semnan Azad University, Department of Law -

3 Assistant Professor, Semnan Azad University, Faculty of Jurisprudence and Law

Abstract

One of the fundamental and effective principles in the formation of contracts is commitment and adherence to obligations. However, the implementation of the principle of fidelity to the covenant is often encountered in such a way that the occurrence of these obstacles sometimes makes the implementation of the contract subject impossible and sometimes its implementation is accompanied by great difficulty and difficulty. One of the problems that always threatens the fulfillment of contractual obligations, especially long-term contracts, in addition to prohibitive events, is the disturbance of the economic balance of the exchanges due to unpredictable circumstances.
The aim of this study was to investigate the difficulty of contract implementation in the 1980 Vienna Convention on the International Sale of Goods through a descriptive-analytical method and the following results were obtained:
There is no excuse for the performance of contractual obligations under Article 79 of the Convention. This article states that in case of non-fulfillment of the obligation due to unpredictable and uncontrollable obstacle, the obligor is exempted from paying damages. An important point in the Convention regarding the excuse of contract execution and exemption from damages resulting from breach of contract is the non-use of concepts and expressions of domestic law in relation to the obstacle that causes the exemption; Because the purpose of the convention was to bring closer the principles and rules of law and the ways governing international trade relations and to eliminate differences and conflicts.

Keywords

Political Sociology of Iran
Volume 5, Issue 8
October 2022
Pages 1851-1872

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