Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The Limits of Determinability of Price in the Convention for International Sale of Goods and Iranian Law

Document Type : research

Authors
1 Department of Private Law, Sar.C., Islamic Azad University, Sari, Iran.
2 Department of Private Law, Sar.C., Islamic Azad University, Sari, Iran:
3 Department of Law, Sar.C., Islamic Azad University, Sari, Iran.
10.22034/ejs.2026.578196.2168
Abstract
Background and Aim: This research examines the possibility of determining the price in the Convention on the International Sale of Goods and Iranian law, and compares Articles 14 and 55 of the Convention regarding the possibility of determining the price in the future with the principle of "no Gharar" in jurisprudence and the necessity of determining the subject of the transaction in Article 190 and the price in Articles 338 and 339 and other articles of the Iranian Civil Code and through a comparative analysis, doctrine and some judicial decisions, it examines the limits of the ability to determine price.

Methods: This research is of a theoretical type and has been carried out using a descriptive-analytical method.

Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.

Results: The Convention and Iranian law, based on legal doctrine, accept the possibility of determining the price by reference to a objective criterion such as the market price, while rejecting the determination of the price by reference to the will of one of the parties to the contract of sale. In cases of silence regarding the price, the Convention imposes the market price at the time of the conclusion of the sale- which is a objective criterion.

Conclusion: Despite the differences in the principles of determining price in terms of the Convention and Iranian law, there is convergence regarding the scope of determining price, despite minor differences between them.
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Articles in Press, Accepted Manuscript
Available Online from 17 August 2026