نوع مقاله : مقاله پژوهشی
1 کارشناس ارشد علوم اقتصادی دانشگاه تربیتمدرس
2 استادیار علوم اقتصادی دانشگاه تربیت مدرس
عنوان مقاله [English]
One of the non-judicial sanctions which have been foreseen in some legal systems for protecting the sellers rights in the event of violating the obligations by the buyer is the resale of goods. The requirements of creating this right, and the manner of its applying is different in various legal systems. But, its main substance is the sellers right without recourse to the court. The important issue in this respect, is deciding about the acquired profits resulted from resale. It belongs to the seller in American and English laws. But, according to the UN Convention on International Sale of Goods, it belongs to the buyer. In Iranian law, there is no place for the resale rule and, resale of goods by the seller before rescinding the contract is considered possession in the third parties property and, it will be subject to the regulations of unauthorized transactions.