Comparative Study of Seller,s Right to Cure in Vienna Convention, UNIDROIT and Iran
In the sale contract, primary obligation of the parties is the duty to perform in accordance with the contract. In the event of failure to fulfill obligations by the seller, the buyer may avoid the contract. However, non-performing party may be willing to remedy and repair existing defects. The will...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2019-08-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_10178_b216dc8a927588e9f0b118b218b2dded.pdf |
| _version_ | 1797375775250317312 |
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| author | mortaza hajipour |
| author_facet | mortaza hajipour |
| author_sort | mortaza hajipour |
| collection | DOAJ |
| description | In the sale contract, primary obligation of the parties is the duty to perform in accordance with the contract. In the event of failure to fulfill obligations by the seller, the buyer may avoid the contract. However, non-performing party may be willing to remedy and repair existing defects. The willingness to cure defects poses the question of whether non-performing party has a right to remedy and repair and if yes, how a balance can be struck between right to cure and right to avoid the contract. This research aims to examine this topic by analysing Vienna Sale Convention, UNIDROIT Principles and Iranian law. It can be said that the right to cure has expressly been recognized by Vienna Sale Convention, even though there is uncertainty between this notion and its connection with the right to terminate. In UNIDRIOT Principles, the right to cure is precedent on the right to avoid the contract. In Iranian law, there is no provision in relation to the right to cure. As a whole, the recognition of the right to cure and repair defects accords with the principle of preservation of contract, good faith and fair dealing, and duty to cooperate in mitigation of damages. |
| first_indexed | 2024-03-08T19:29:06Z |
| format | Article |
| id | doaj.art-05a19d6a55134681b22a62541881e991 |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:29:06Z |
| publishDate | 2019-08-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-05a19d6a55134681b22a62541881e9912023-12-26T07:48:36ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322019-08-0172720122810.22054/jplr.2018.32962.191510178Comparative Study of Seller,s Right to Cure in Vienna Convention, UNIDROIT and Iranmortaza hajipour0Associate Professor of Azarbaijan Shahid Madani University, Azarbaijan, IRAN.In the sale contract, primary obligation of the parties is the duty to perform in accordance with the contract. In the event of failure to fulfill obligations by the seller, the buyer may avoid the contract. However, non-performing party may be willing to remedy and repair existing defects. The willingness to cure defects poses the question of whether non-performing party has a right to remedy and repair and if yes, how a balance can be struck between right to cure and right to avoid the contract. This research aims to examine this topic by analysing Vienna Sale Convention, UNIDROIT Principles and Iranian law. It can be said that the right to cure has expressly been recognized by Vienna Sale Convention, even though there is uncertainty between this notion and its connection with the right to terminate. In UNIDRIOT Principles, the right to cure is precedent on the right to avoid the contract. In Iranian law, there is no provision in relation to the right to cure. As a whole, the recognition of the right to cure and repair defects accords with the principle of preservation of contract, good faith and fair dealing, and duty to cooperate in mitigation of damages.https://jplr.atu.ac.ir/article_10178_b216dc8a927588e9f0b118b218b2dded.pdfcurerecissionconventionunidroitiran |
| spellingShingle | mortaza hajipour Comparative Study of Seller,s Right to Cure in Vienna Convention, UNIDROIT and Iran Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī cure recission convention unidroit iran |
| title | Comparative Study of Seller,s Right to Cure in Vienna Convention, UNIDROIT and Iran |
| title_full | Comparative Study of Seller,s Right to Cure in Vienna Convention, UNIDROIT and Iran |
| title_fullStr | Comparative Study of Seller,s Right to Cure in Vienna Convention, UNIDROIT and Iran |
| title_full_unstemmed | Comparative Study of Seller,s Right to Cure in Vienna Convention, UNIDROIT and Iran |
| title_short | Comparative Study of Seller,s Right to Cure in Vienna Convention, UNIDROIT and Iran |
| title_sort | comparative study of seller s right to cure in vienna convention unidroit and iran |
| topic | cure recission convention unidroit iran |
| url | https://jplr.atu.ac.ir/article_10178_b216dc8a927588e9f0b118b218b2dded.pdf |
| work_keys_str_mv | AT mortazahajipour comparativestudyofsellersrighttocureinviennaconventionunidroitandiran |