Jurisprudential and legal examination of the effects of changes in the contract in accordance with the Convention on the International Sale of Goods

Subject Areas : Jurisprudence of transactions

Farman Safari ¹ , Mahboubeh Abdolahi ² , Hassan Heidari ³

1 - PhD student, Department of Private Law, Khuzestan Science and Research Branch, Islamic Azad University, Ahvaz, Iran.
2 - Assistant Professor, Department of Law, Dezful Branch, Islamic Azad University, Dezful, Iran.
3 - Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran.

Received: 2022-07-26 Accepted : 2022-11-12 Published : 2022-09-23

Keywords: Good Faith, balance of exchange, Change of situation and conditions of the contract, hardship, convention of international sale of goods,

Abstract :

The fact that the exchange is known and the necessity and fulfillment of the promise is one of the basic conditions for the authenticity of the transaction in Iran's legal system and the Convention on the International Sale of Goods. It may become impossible and difficult for the obligor to execute the contract due to the change in the circumstances at the time of the conclusion of the contract. The obligation to fulfill a difficult and impossible obligation causes undue loss to one party and unjust enrichment to the other party, and disturbs the balance of the exchange, which is not fair and is prohibited based on the rule of "harmless" and "negation of hardship and embarrassment" in order to avoid Inevitably, loss and liquidation of contracts is a solution that should be considered to adjust the contract and its price, which is one of the effects of the change in the situation and the best solution for the balance of exchange and the survival of the contract and compensation methods that can be found in the legal system of Iran and the Convention on the International Sale of Goods. The principles and articles of the civil law were considered acceptable. Due to the fact that the customary profit in exchange contracts is expected by the parties, conventional changes should not create a disruption in the necessity and fulfillment of contract obligations unless the fundamental and unforgivable changes are in custom, but through general legal principles such as the principle of good faith, the rule of harmlessness, Negotiating hardship and inconvenience, price reduction, renegotiation can be inferred and justified by adjusting the contract and accordingly adjusting the price and terminating the contract, which are the effects of changing the circumstances of the contract, and can be