Commitment Independence of Goods Compliance with Pledge from Commitment to Deliver Based on International Convention of Exchange of Goods (Vienna 1980) and Imamiyeh Jurisprudence
Subject Areas : Private law
mirghasem
jafarzadeh
1
(دانشگاه تهران)
fakhrollah
molaei
2
(واحد چالوس)
Keywords: Commitment of Delivery, Compliance Commitment, International Exchange Convention, Imamiyeh, Goods,
Abstract :
Non-conformity of the goods with the contract is one of the major claims set forth in the International Arbitration Courts. Vienna 1980 International Convention of selling goods has paid attention to it to stabilize and prevent disruption of commercial contracts and has separated obligation of compliance of goods with pledge from the obligation of delivery as a uniform global rule to comprehensively support the two parties, specially the buyer. That is, the contract is revocable merely on abuse of delivery. But in case of violation of the commitment to compliance, the buyer has no right to terminate and can require the seller to modify or replace the goods with the items set forth in the contract. This separation can be inferred through considering materials 31 and 35 of the Convention. This research addresses the necessity of the separation and its practical uses and then compares it with the views of Imamiah jurisprudents. The separation plan of compliance obligations from the commitment to deliver has been the focus of attention by jurisprudents as “the qualities and conditions of the Contract Law†around which different opinions have been expressed. Imam Khomeini, among other jurisprudents, explicitly recognizes the independence of the requirements of the contract law from the contract itself. On the other hand, although most jurisprudents believe in the inseparability of the requirements of the contract law and the contract, the vast majority of them believe in the separation and segregation based on the rulings on either one and consider the commitment to contract law requirements as compulsory.
