Analysis of legal relationship between seller’ s right to cure and buyer’ s right to terminate (A comparative study in Vienna Convention (CISG), Unidroit Principles (UPICC) and Iranian Law)

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Tari Hossein; JAFARZADEH MIRGHASEM; MOHAMMADI SAM

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Journal: Comparative Law Researches Year:2020 | Volume:24 | Issue:2 (108) Page(s): 1-25

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Information Journal Paper

Title

Analysis of legal relationship between seller’ s right to cure and buyer’ s right to terminate (A comparative study in Vienna Convention (CISG), Unidroit Principles (UPICC) and Iranian Law)

Author(s)

Tari Hossein | JAFARZADEH MIRGHASEM | MOHAMMADI SAM | Issue Writer Certificate

Keywords

International Sale of GoodsQ1

Lack of ConformityQ1

Right to cureQ1

AvoidanceQ2

Economic analysis of lawQ2

Abstract

Under articles 37 and 48 of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the seller is entitled to cure the Lack of Conformity of the goods due to specific circumstances. The same legal establishment has been accepted in the Article 7-1-4 0f the Unidroit Principles of International Commercial Contracts (UPICC). Anticipating the seller’ s Right to cure, one controversial issue raised is the status of the buyerchr('39')s right to Avoidance. Subsequently, the question arisen is whether the sellerchr('39')s Right to cure is prior or the buyerchr('39')s right to Avoidance. While there are various interpretations of Article 48 leading to disagreements, in UPICC, the buyer has no right to Avoidance in case of seller’ s cure under Article 7-1-4. Similarly, according to general principals including Article 478 of the Civil Code in Iranian legal system, the buyer has no right to terminate if the seller is ready to cure. To conclude, we can say the seller’ s Right to cure from the perspective of the doctrine, judicial precedent, legal and economic analysis has priority over buyer’ s right to Avoidance.

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APA: Copy

Tari, Hossein, JAFARZADEH, MIRGHASEM, & MOHAMMADI, SAM. (2020). Analysis of legal relationship between seller’ s right to cure and buyer’ s right to terminate (A comparative study in Vienna Convention (CISG), Unidroit Principles (UPICC) and Iranian Law). COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), 24(2 (108) ), 1-25. SID. https://sid.ir/paper/413979/en

Vancouver: Copy

Tari Hossein, JAFARZADEH MIRGHASEM, MOHAMMADI SAM. Analysis of legal relationship between seller’ s right to cure and buyer’ s right to terminate (A comparative study in Vienna Convention (CISG), Unidroit Principles (UPICC) and Iranian Law). COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES)[Internet]. 2020;24(2 (108) ):1-25. Available from: https://sid.ir/paper/413979/en

IEEE: Copy

Hossein Tari, MIRGHASEM JAFARZADEH, and SAM MOHAMMADI, “Analysis of legal relationship between seller’ s right to cure and buyer’ s right to terminate (A comparative study in Vienna Convention (CISG), Unidroit Principles (UPICC) and Iranian Law),” COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), vol. 24, no. 2 (108) , pp. 1–25, 2020, [Online]. Available: https://sid.ir/paper/413979/en

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