Comparative Study of the Right to Request Goods Repair by the Buyer in Convention for International Sale of Goods (Vienna-1980) and Iranian Law

Asghari Aghmashhadi, Fakhrodin; Mohammadzadeh, Ali

Comparative Study of the Right to Request Goods Repair by the Buyer in Convention for International Sale of Goods (Vienna-1980) and Iranian Law

Document Type : Research Paper

Authors

fakhrodin asghari aghmashhadi

ali mohammadzadeh

Abstract

After the conclusion of sale contract, whenever we desire to perform the contract perfectly we have to deliver the intact goods which is in conformity whit the contract and receive the contractual consideration in recognition of it. In some cases the performance of the contract is done incompletely by the seller. In that case he delivers goods which is not in conformity to the contract and its conditions. In the convention on international sale of goods (Vienna-1980), this kind of delivery is measured as breach of breach of contract, and by virtue of (Art. 46, part. 3), the buyer with some conditions can request goods repair from the seller, if the breach is not fundamental. In Islamic law, the buyer can terminate the contract or reduce the price (Arsh) in such cases and so is Iranian law (Art. 422 of civil code). But by taking into consideration of some Islamic jurisconsults and lawyers opinions and by reference to some Arts of statute, it is possible to grant the right of defect removed to the buyer.

Keywords

VIENNA CONVENTION / SALE / LACK OF CONFORMITY / REPAIRING OF GOODS