پژوهشنامه حقوق اسلامی (Aug 2023)
Ways of Ascertaining Object of Sale Contract in Sale of Generic Goods and Solving Disputes: A Comparative Study of Iranian, English and Egyptian Laws
Abstract
In the sale of generic goods, there are no ascertained goods agreed between the contracting parties. Legal systems use various ways to ascertain goods in the sale of generic goods. In some cases, there may be a dispute between the parties arising from the conformity of delivered goods with the characteristics mentioned in the contact. Therefore, the aim of the current research is to examine the ways of ascertaining object of sale contract in the sale of generic goods under the selected legal systems and the comparative study of dispute resolution ways in those systems with the descriptive-analytic method. The outcome of this research shows that in Iranian law and Egyptian law the generic goods are ascertained by description or sample, and in English law, in addition to the said ways, the test of suitability of object of sale for a specific purpose is also applied. In case of any dispute between the patties in ascertaining the generic goods, under Iranian and Egyptian laws, it is solved by examining the quantity, material, description and conformity of goods delivered with the sample, and in English law, as well as this method, it may be solved by considering the appropriateness of the object of sale contract for a specific contractual purpose of the parties. In Iranian law, under general rules of law, the seller, in case of any dispute, must prove that there is a conformity between the goods delivered with those characteristics stipulated in the contract. If the buyer, after delivery, claims any lack of conformity, he must establish it. In English and Egyptian laws, the buyer has the right of examination of the object of sale contract at the time of delivery of goods. If the goods lack contractual characteristics, he must ask the court to examine the goods. Finally, the burden of proof in English law in case of any non-conformity is on the buyer, and the establishment of the features of object sold in Egyptian law is on the buyer.
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