Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Economic effects of compensation for defective goods in the Light of the 1980 International Convention on the Sale of Goods and jurisprudential teachings Jurisprudence

Document Type : .

Authors
Frank Moazen 1
Ahmad Shams 2
Seyed Mojtaba Mirdamadi 3
Ahad Bagherzadeh 4
1 Department of Private Law, South Tehran Branch, Islamic Azad University, Tehran, Iran.
2 Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
3 Department of Law, South Tehran Branch, Islamic Azad University, Department of Theoretical Foundations, University of Tehran, Tehran, Iran.
4 Department of International Law, South Tehran Branch, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2022.331653.1175
Abstract
Background and Aim: The buyer's right to receive a healthy product is a matter of course in international legal systems and documents. In this article, with regard to the compensation of defective goods, its economic effects in the light of the Convention on the Sale of Goods and jurisprudential teachings have been studied.
Materials and Methods: The type of research is descriptive, its method is descriptive-analytical and the method of data collection is library.
Ethical considerations: Preserving the originality of texts and fidelity in quoting speech has been the goal of the authors.
Results: The most important economic effects of compensation for defective goods from the perspective of the Convention on the Sale of Goods is the restoration of the damaged situation, assuming the implementation of the contract and the option to reduce the price for the buyer and from the perspective of jurisprudence, termination of the transaction.
Conclusion: Considering the obligation of the seller to restore the status of the buyer, assuming the implementation of the contract in the Convention on the Sale of Goods, the possibility of eliminating the seller from defects in the conclusion of the contract can be criticized from the perspective of some jurisprudential teachings.
Keywords
Restoration of status
defect
defective goods
convention of sale of goods
customer
- Audit, B. la vente internationale de marchandises, L.G.D.J., Paris, 1990.
- Michaud, A. “Mitigation of Damage in the Context of Remedies for Breach of Contract”, Revue Générale de Droit, Vol. 15, 1984.
- Piché, C. “The Convention on Contracts for the International Sale of Goods and the Uniform Commercial Code Remedies in Light of Remedial Principles Recognized Under U.S. Law: Are the Remedies of Granting Additional Time to Defaulting Party and of Reduction of Price Fair and Efficient Ones?” North Carolina Journal of International Law and Commercial Regulation 519, 2003.
- Treitel, G.H. Law of Contract, 9th ed, London, Sweet & Maxell, 1990.
- Virgo, G. The Principles of the Law of Restitution, 2nd Edition, Oxford University Press, 2006.
- Wonnell, C.T. “Efficiency and Conservatism”, Nebraska L Rev, Vol. 80, 2001.
- Zeigel, J.S. “Report to the Uniform Law Conference of Canada on Convention on Contracts for the International Sale of Goods”, Pace Law School Institute Journal, Vol. 10, 2000.
 
Strategic Studies of Jurisprudence and Law
Volume 4, Issue 1 - Serial Number 12
Studies of economic jurisprudence
Spring 2022
Pages 185-199