Check the right of product and its effects on life and death of international sales contracts


  • Hosein Oghbaee



Objective: The current paper's title is a Comparative Study of the Effects of Termination of the Sale in Iran Law, Jurisprudence, and 1980 Vienna Convention. Although both parties in the normal course of their civil and trading contracts expect their agreements run perfectly, non of the parties can terminate them unilaterally. Methodology: However, something happens due to the faulty product or a big difference with the actual price, etc. Insisting on continuing necessity of the process termination seems to be vain, so in some cases it is allowed for one of the parties to be able to disrupt binding of the agreement in favors of himself. Discussion about legal relationship between the parties after announcing the termination of the contract about past and future and nominating their mutual responsibilities and the way of compensating the damages is one of the main points of this study. Results: The main reason is the lack of its restoration background because the option of defect which is related to the good inconformity to the contract terms has considered termination right or value demand just for the buyer who had received defective product and the jurists have not protested if the buyer can ask for the good repairmen by removing the defect or by receiving the alternative product instead of contract termination or ask for the value from the violated salesman. Conclusion: But despite of the inexplicitly of such right acceptance, by means of some legal general principals such as without loss rule, incumbency element and also some of the law articles in the field of rent or Contact owner by Farmer (Mozare) and etc.