Policies of international and Iranian documents on customer rights arising from the sale of defective goods

Subject Areas : Journal of Law and Politics

Faranak Moazen ¹ , Ahmad Shams ² , Seyed Mojtaba Mirdamadi ³ , ahad bagherzadeh ⁴

1 - Department of Private Law, South Tehran Branch, Islamic Azad University, Tehran, Iran
2 - Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
3 - Department of Law, South Tehran Branch, Islamic Azad University, Department of Theoretical Foundations, University of Tehran ,Tehran,
4 - Department of International Law, South Tehran Branch, Islamic Azad University, Tehran, Iran

Received: 2023-02-21 Accepted : 2023-07-15 Published : 2023-04-05

Keywords: International document policie, PECL, PICC, CISG, Customer rights, Defective goods,

Abstract :

A significant volume of international transactions is carried out in the form of a sales contract, and one of the controversial issues in this contract is the defective product and the range of rights arising from it for the customer. Considering the growing volume of domestic and international transactions, these rights must be complete in order to eliminate the violation of the right in general. The inadequacy of traditional rights in the discussion of defects, the obsolescence of laws, as well as the potential of Iran to be present in the international trade arena, shows the need to use scientific achievements and ready-made texts and resources that have been accepted at the international level in order to consciously follow the example of They should open a shortcut to advanced rights. This research with a descriptive-analytical method and a comparative approach from documents such as the principles of European contract law, the principles of international commercial contracts and the 1980 Convention on the International Sale of Goods indicates that the range of customer rights due to defective goods in the aforementioned legal systems, the set of performance guarantees is generally based on the institutions of 1. Mandatory execution of the contract; 2. Adjustment of the contract (price reduction; Arash); 3. Termination and 4. The demand for damages is available to the customer and although there are differences, these differences in the bases and principles are not the origin of the effect, and in general, the shared aspects of domestic law with the examined documents are more than the aspects of the dispute. It is its incentive and obstacles, and the possibility of greater coordination and alignment with global procedures and their acceptance is possible.