Self-help Sale in Vienna Convention for International sale of Goods and Iranian law

Abstract

One of the non- judicial enforcements which is addressed by some legal systems in order to preserving rights of a contracting party against breach of obligation of other party, is the right for sale of goods in self-help type by the damaged party .This enforcements was predicted and addressed in both Vienna Convention for international sale of goods and Iranian legal system. But it is still unknown and strange in Iran’s legal system. In this paper we will try to study this judicial institution comparatively. Author believes that if all requirements are fulfilled for using self-help sale, this institution has potential ability to be addressed in other contracts other than the contracts which is written by law and this enforcement can be used in a vast area.