A Comparative Study of the Exception Non Adimpleti Contractus in Romano-Germanic Legal Regime (France, Germany, Switzerland), the 1980 United Nations Convention on Contracts for the International Sale of Goods and its Acceptability in Iranian Law

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ASGARI JAFAR; najafabadi farahani morteza; MOSTAFAEI MOSTAFA

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Paper Information

Journal: JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW Year:2019 | Volume:6 | Issue:1 (19) Page(s): 119-144

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Title

A Comparative Study of the Exception Non Adimpleti Contractus in Romano-Germanic Legal Regime (France, Germany, Switzerland), the 1980 United Nations Convention on Contracts for the International Sale of Goods and its Acceptability in Iranian Law

Author(s)

ASGARI JAFAR | najafabadi farahani morteza | MOSTAFAEI MOSTAFA | Issue Writer Certificate

Keywords

Exception Non Adimpleti ContractusQ1

Right of RetentionQ2

Refusing to Deliver GoodsQ1

Refusing to Pay the PriceQ1

Abstract

The Exception Non Adimpleti Contractus is one of the general rules of contract law in Romano-Germanic legal regime based on which in simultaneous reciprocal obligations, in case of non-performance by one party, the other party may suspend his obligation, and if being sued by other party can defend himself by invoking the non-performance of the obligation. The Exception Non Adimpleti Contractus differs from Right of Retention in Romano-Germanic legal regime. This exception has been accepted in countries following the Romano-Germanic legal regime and the 1980 United Nations Convention on Contracts for the International Sale of Goods as well. The present article, through a descriptive-analytic method and by means of a comparative view, has attempted to prove that the legal concept of the non adimpleti contractus also is recognized in Iranian legal system and Imamiyah jurisprudence. In fact, some legal titles such as "Refusing to Pay the Price or deliver the goods" and "Right of Retention" reflect the legal concept in question.

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APA: Copy

ASGARI, JAFAR, najafabadi farahani, morteza, & MOSTAFAEI, MOSTAFA. (2019). A Comparative Study of the Exception Non Adimpleti Contractus in Romano-Germanic Legal Regime (France, Germany, Switzerland), the 1980 United Nations Convention on Contracts for the International Sale of Goods and its Acceptability in Iranian Law. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 6(1 (19) ), 119-144. SID. https://sid.ir/paper/373162/en

Vancouver: Copy

ASGARI JAFAR, najafabadi farahani morteza, MOSTAFAEI MOSTAFA. A Comparative Study of the Exception Non Adimpleti Contractus in Romano-Germanic Legal Regime (France, Germany, Switzerland), the 1980 United Nations Convention on Contracts for the International Sale of Goods and its Acceptability in Iranian Law. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2019;6(1 (19) ):119-144. Available from: https://sid.ir/paper/373162/en

IEEE: Copy

JAFAR ASGARI, morteza najafabadi farahani, and MOSTAFA MOSTAFAEI, “A Comparative Study of the Exception Non Adimpleti Contractus in Romano-Germanic Legal Regime (France, Germany, Switzerland), the 1980 United Nations Convention on Contracts for the International Sale of Goods and its Acceptability in Iranian Law,” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 6, no. 1 (19) , pp. 119–144, 2019, [Online]. Available: https://sid.ir/paper/373162/en

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