Document Type : Original Article
Authors
1
PhD Student in Private Law, UAE Branch, Islamic Azad University, Dubai, UAE.
2
Associate Professor, Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
3
Assistant Professor, Department of Private Law, Yasouj Branch, Islamic Azad University, Yasouj, Iran.
10.30510/psi.2022.334397.3273
Abstract
The complexity of "relationships" in the field of private law, especially "transactions", is an issue that can not be ignored today. Countless transactions are made daily, some of which are not done properly. Non-compliance of the goods subject to the transaction with the foreseen conditions, including sales, which causes disputes between the parties and imposes certain legal effects on the seller, buyer and even third parties. Certain rules and procedures are set out in Iranian law and in the international law community, such as the 1980 Vienna International Convention, which is often recognized as the only international instrument relating to sale. The results of this study showed that in general, the commonalities of domestic law with the Convention are more than its disputed aspects and obstacles. In Iranian law, the surrender of the buyer in accordance with the contract in terms of quantity, depending on whether the subject of the transfer is specific or general, will have different conditions and enforcement guarantees, while the convention generally provides a rule. Such as quantity, quality, ...) The Convention sets supplementary and non-contractual criteria for determining the conformity of goods with the contract and considers the seller responsible and for this also considers the existence of a series of substantive conditions necessary, but in Iranian law if a specific purpose in If the contract is not stated, merely informing the seller will not make him responsible.
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