Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

A comparative study of contract termination and compensation in the Convention on the International Sale of Goods, Iran and Iraq Laws

Document Type : research

Authors
Samir Fawzi Abu Al-Hil Al-Ajud 1
Ali Radan Jebeli 2
Hasnain Zia 3
Zainab Pourkhaqan Shahrezaee 2
1 Ph.D. student of private law, Isfahan branch (Khorasgan), Islamic Azad University, Iran
2 Assistant Professor of Law Department, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran
3 assistant professor of law department, Maysan University, Iraq.
10.22034/ejs.2024.450767.1750
Abstract
Background and Aim: According to the expansion of trade between Iraq and Iran, the purpose of this article is the comparative study of damages compensation in the termination of the contract in the International Sale of Goods Convention, the legal system of Iran and Iraq.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: The 1980 Vienna Convention on the International Sale of Goods emphasizes the adherence of the parties to the provisions of the contract and the obligations arising from it, and aspect, however, in the laws of the two countries of Iran and to the contract is not considered by the legislator and Based on the cases stated in the civil law of the two countries, if the termination conditions are met, each of the parties can terminate the contract and claim damages.
Conclusion: In the field of damages, it should be stated that the rights of Iraq and Iran to cancel do not have a retroactive effect, while in the convention, the cancellation has spread to the past, and also in this convention, basically, the implementation of the right of cancellation depends on the possibility of returning the goods, but in The laws of Iraq and Iran are not like that.
Keywords
Sale
compensation
termination of contract
international sale of goods convention
return of goods
Subjects
Strategic Studies of Jurisprudence and Law
Volume 6, Issue 5 - Serial Number 5
Studies of economic jurisprudence
Summer 2024
Pages 193-208