Customer rights Arising from the sale of defective goods with emphasis on compensation methods in Iran s law and the convention on the international sale of good

Subject Areas : Journal of Law and Politics

faranak moazen ¹ , faranak moazen ² , Seyed mojtaba Mirdamadi ³ , Ahad Bagherzadeh ⁴

1 - PhD Student, Department of Private Law, South Tehran Branch, Islamic Azad University, Tehran, Iran.
2 - Associate Professor, Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran. Associate Professor, Department of Private Law, South Tehran Branch, Islamic Azad University, Tehran, Iran. (Supervisor and responsible au
3 - Assistant Professor, Department of Education, University of Tehran, Tehran, Iran. Assistant Professor, Department of Education, South Tehran Branch, Islamic Azad University, Tehran, Iran.
4 - Associate Professor, Department of International Law, South Tehran Branch, Islamic Azad University, Tehran, Iran. (Advisor)

Received: 2022-03-01 Accepted : 2023-01-21 Published : 2023-02-20

Keywords: convention on the International sale of good, Defective goods, Compensation, s rights, Customer', s law, Iran&rsquo,

Abstract :

In the field of international relations, trade exchanges are very important. One of the most important examples of trade relations in the field of international trade is the international sale of goods. One of the natural and required issues in any contract is the benefit of the parties to their rights, in which the customer's rights are among the serious and important categories, some of which are related to defective goods in this study. In the present study, it will be observed that, in Iranian law and the Convention, the scope of customer rights resulting from the sale of defective goods consists of two parts: 1. Obligation to fulfill the provisions of the contractual obligation and ultimately relieve the customer from an unbalanced and unbalanced contractual situation, which in Iranian law is referred to as the defective option and its mechanisms, and in the Convention as the non-compliance of goods and related mechanisms. 2. The actual methods of compensation that provide for the possibility of providing damages resulting from the loss of a favorable contractual position both in order to fulfill the obligation and to terminate it. The Convention includes the issue of compensation for the sale of defective goods in accordance with the theory of full compensation, but in Iranian law this scope is more limited.