Customer rights arising from defective goods in the light of jurisprudential teachings with emphasis on the Convention on the International Sale of Goods

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

faranak moazen ¹ , Ahmad Shams ² , Seyed Mojtaba Mirdamadi ³ , Ahad Bagherzadeh ⁴

1 - PhD Student, Department of Private Law, South Tehran Branch, Islamic Azad University, Tehran, Iran.
2 - Associate Professor, Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran. Associate Professor, Department of Private Law, South Tehran Branch, Islamic Azad University, Tehran, Iran. (Supervisor and responsible au
3 - Assistant Professor, Department of Education, University of Tehran, Tehran, Iran. Assistant Professor, Department of Education, South Tehran Branch, Islamic Azad University, Tehran, Iran. (Advisor)
4 - Associate Professor, Department of International Law, South Tehran Branch, Islamic Azad University, Tehran, Iran. (Advisor)

Received: 2022-03-01 Accepted : 2022-03-29 Published : 2022-04-21

Keywords: Defect, Customer, Restoration of status, defective goods, convention of sale of goods,

Abstract :

Background and Aim: The right of the buyer (customer) to receive safe goods in exchange for payment is a fact that is reflected in both domestic legal systems and in various international instruments such as the Convention on the International Sale of Goods (adopted in 1980). And its observance is guaranteed by a variety of performances. This article focuses on guaranteeing the implementation of compensation for defective goods, explains and examines the economic effects of it in the framework of the Convention on the International Sale of Goods, as well as jurisprudential teachings.Materials and Methods: The type of research is descriptive and the method used is descriptive-analytical. The method of data collection is also library.Findings: The research findings indicate that the most important economic effects of compensation for defective goods from the perspective of the Convention on the International Sale of Goods (adopted in 1980), is the restoration of the damaged condition assuming full implementation of the contract and the option to reduce the price for the buyer; From the point of view of jurisprudential teachings, if the seller is not exempted from possible defects of the seller at the time of concluding the contract, termination of the transaction and also receiving the arche (difference) are the most important economic effects of the need to compensate for defective goods.Ethical considerations: In the present study, preserving the originality of texts and fidelity in speech quoting, as the most important ethical requirements, have been considered by the authors.Conclusion: Despite the seller's obligation to restore the status of the injured buyer, assuming the full implementation of the contract in the International Convention on the Sale of Goods, the possibility of the seller to avoid possible defec