پژوهشنامه حقوق تطبیقی (Jul 2019)
A Comparative Study of The Outcomes of Rescission of contraction Convention International Sale of Goods (1980 Vienna) and Iranian Law
Abstract
Like most of legal systems onConvention International Sale of Goods (1980 Vienna), adherence of other parties of the convention to the terms of the contract and its obligations are emphasized,which are inevitable are placed against the sweetness of fulfillment, have an exceptionover them. Legislator basically supports the execution of the contract and applies the Ressission of the contract under the condition which both parties would avoid losing the rights, if he discerns that the contract will not result in what either parties want.Considering how would be the future and condition of two parties and their obligations if the contract were broken ,also what kinds of contractual obligations would remain and need to be enforced after the application of the Ressission of the contract?Does the effect of the Ressission of the contract return back to the past and the date of the contract, orbegin from the very moment of the contract?Ultimately is it possible to charge the damage for each party after the Ressission of the contract or not? In this article we will discuss the similarities or differences of Iran rights and Convention on Contracts for the International Sale of Goods (1980Vienna) to the mentioned topics.
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