Comparative Study of Seller, s Right to Cure in Vienna Convention, UNIDROIT and Iran

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

HAJIPOUR MORTAZA

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: PRIVATE LAW Year:2019 | Volume:7 | Issue:27 Page(s): 201-228

Download Full-Text

Persian Verion

View:

339

Download:

Cites:

Information Journal Paper

Title

Comparative Study of Seller, s Right to Cure in Vienna Convention, UNIDROIT and Iran

Author(s)

HAJIPOUR MORTAZA | Issue Writer Certificate

Keywords

CureQ1

RecissionQ2

ConventionQ2

UnidroitQ1

IranQ2

Abstract

In the sale contract, primary obligation of the parties is the duty to perform in accordance with the contract. In the event of failure to fulfill obligations by the seller, the buyer may avoid the contract. However, non-performing party may be willing to remedy and repair existing defects. The willingness to Cure defects poses the question of whether non-performing party has a right to remedy and repair and if yes, how a balance can be struck between right to Cure and right to avoid the contract. This research aims to examine this topic by analysing Vienna Sale Convention, Unidroit Principles and Iranian law. It can be said that the right to Cure has expressly been recognized by Vienna Sale Convention, even though there is uncertainty between this notion and its connection with the right to terminate. In UNIDRIOT Principles, the right to Cure is precedent on the right to avoid the contract. In Iranian law, there is no provision in relation to the right to Cure. As a whole, the recognition of the right to Cure and repair defects accords with the principle of preservation of contract, good faith and fair dealing, and duty to cooperate in mitigation of damages.

Cites

No record.

References

No record.

Cite

APA: Copy

HAJIPOUR, MORTAZA. (2019). Comparative Study of Seller, s Right to Cure in Vienna Convention, UNIDROIT and Iran. PRIVATE LAW, 7(27 ), 201-228. SID. https://sid.ir/paper/252737/en

Vancouver: Copy

HAJIPOUR MORTAZA. Comparative Study of Seller, s Right to Cure in Vienna Convention, UNIDROIT and Iran. PRIVATE LAW[Internet]. 2019;7(27 ):201-228. Available from: https://sid.ir/paper/252737/en

IEEE: Copy

MORTAZA HAJIPOUR, “Comparative Study of Seller, s Right to Cure in Vienna Convention, UNIDROIT and Iran,” PRIVATE LAW, vol. 7, no. 27 , pp. 201–228, 2019, [Online]. Available: https://sid.ir/paper/252737/en

Related Journal Papers