A comparative study of "knowing the seller" in Iranian law With "Conformity of Goods" in the Convention on the International Sale of Goods

Subject Areas : International Legal Research

reza nakhaei ¹ (PhD Student in Private Law, Faculty of Humanities, Yazd Branch, Islamic Azad University, Yazd, Iran.)
ebrahim taqizadeh ² (Professor, Department of Private Law, Faculty of Law, Payame Noor University, Tehran, Iran (Corresponding Author).)
محمد حسین جعفری ³ (استادیار گروه حقوق، واحد یزد، دانشگاه آزاد اسلامی، یزد، ایران. رایانامه: [e-mail])

Received: 2021-11-27 Accepted : 2022-02-08 Published : 2021-11-22

Keywords: Identity of the seller, conformity of the goods, international sale of the goods, quantity and material of the seller, description of the seller,

Abstract :

Background and Deletion: According to Article 342 of the Iranian Civil Code, the quantity, material and description of the seller must be known, otherwise it will invalidate or create a right of termination for the buyer, as well as Article 35 of the Convention on International Sale of Goods. 1980, the seller must deliver goods to the buyer that have the quantity, quality and description specified in the contract and if the quantity, quality and description in the contract does not match the goods offered, the buyer has the right to execute the same contract or terminate and demand Will be damaged. In the present article, the specificity of the seller in Iranian law has been done with a comparative study of the International Convention on the Sale of Goods approved in 1980 and the legal system of European countries.Method: The present research has been done by descriptive-analytical method through library studies.Findings and Results: Despite the many similarities in the two laws under study, there is a great difference between the two laws and each of the two laws has its own solutions. However, in Iranian law, failure to specify the amount, sex and description will invalidate or apply the option and terminate the contract, while in the Convention on the International Sale of Goods, a mandatory request for a contract, which includes the execution of the same contract, a request for goods It is a substitute and a request for modification or repair of the goods. Also,