Background and Aim: An issue that has occupied the minds of the parties of the transaction, i.e., the buyer and the seller, for a long time, is the responsibility for the loss that occurs to the seller after the conclusion of the contract and before the delivery of the goods to the buyer. This issue is interpreted as mutual interest guarantee. The purpose of this article is to examine the mutual interest guarantee in Iranian jurisprudence and law and the Convention on the International Sale of Goods.
Materials and Methods: This paper is descriptive and analytical using library method.
Ethical Considerations: In this paper, the originality of the text, honesty, and trustworthiness are respected.
Findings: Mutual interest guarantee is accepted in Iran's jurisprudence and laws and international sale of goods convention. In Iranian jurisprudence and law, it is an exceptional ruling and does not comply with the rules governing transactions, because although the property of the seller has been transferred, but in case of loss of the seller, the seller must return the cost of the sale to the customer. In the International Sales Convention, the transfer of collateral has been discussed. In the international sale of goods convention, the receipt of the goods by the customer causes the transfer of the guarantee.
Conclusion: In the Convention on the International Sale of Goods, mainly the transfer of collateral, its effects, time and place have been discussed in more detail, but in Iranian law, this issue has been discussed in general, and the legal approach is influenced by the jurisprudential rule of loss of the seller before receipt.