Conditions of the buyer's obligation to protect the goods in the Convention on the International Sale of Goods (Vienna 1980)

Subject Areas : Recent Developments in public law

Abdul Khaliq Abbaspour ¹ , Syed Hussain Safai ² , Mehrdad Nazmi ³ , Morteza Adel ⁴

1 - Doctoral student of private law, Faculty of Theology and Law, Science and Research Unit, Islamic Azad University, Tehran, Iran
2 - Professor of Private Law Department, Faculty of Theology and Law, Science and Research Unit, Islamic Azad University, Tehran, Iran(Author)
3 - Assistant Professor, Department of Private Law, Faculty of Law and Political Science, Karaj Branch, Islamic Azad University, Karaj, Iran
4 - Assistant Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

Received: 2022-08-21 Accepted : 2022-08-28 Published : 2022-08-23

Keywords: The possibility of rejecting goods, fundamental violation, protection, buyer, termination,

Abstract :

One of the important issues in the Convention on the International Sale of Goods (Vienna 1980) is the obligation of the buyer to protect the goods, if the seller has the option of rejecting the goods and in the case of receipt. The conditions of this obligation, considering the scattered materials in the convention, require a comprehensive review, which has received little attention. Examining the various articles of the convention has led to the conclusion that the cases of the buyer's discretion in rejecting the goods in two cases are termination of the contract in terms of fundamental breach or foreseeable breach or granting of an additional deadline and breach of the seller's obligation or request for substitute goods. which has been mentioned in various articles and if the seller delivers goods that do not conform to the contract to the buyer and the buyer wants to reject the goods, he is obligated to protect the goods as long as he is in possession of the goods. Of course, this obligation depends on the following conditions: the right to reject the goods, the absence of the seller or his representative, the possibility of rejecting the goods and not bearing excessive costs.

References:
_|One of the important issues in the Convention on the International Sale of Goods (Vienna 1980) is the obligation of the buyer to protect the goods, if the seller has the option of rejecting the goods and in the case of receipt. The conditions of this obligation, considering the scattered materials in the convention, require a comprehensive review, which has received little attention. Examining the various articles of the convention has led to the conclusion that the cases of the buyer's discretion in rejecting the goods in two cases are termination of the contract in terms of fundamental breach or foreseeable breach or granting of an additional deadline and breach of the seller's obligation or request for substitute goods. which has been mentioned in various articles and if the seller delivers goods that do not conform to the contract to the buyer and the buyer wants to reject the goods, he is obligated to protect the goods as long as he is in possession of the goods. Of course, this obligation depends on the following conditions: the right to reject the goods, the absence of the seller or his representative, the possibility of rejecting the goods and not bearing excessive costs.|_