International and Iranian policies on defective goods and compensation

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

faranak moazen ¹ , Ahmad Shams 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. (Advisor)
4 - Associate Professor, Department of International Law, South Tehran Branch, Islamic Azad University, Tehran, Iran. (Advisor)

Received: 2022-05-01 Accepted : 2023-01-24 Published : 2023-03-21

Keywords: International Politics, the International Convention on Commodities, the Rules of Procedure, and the Principles of European Contract Law,

Abstract :

Political and trade developments in the last half century have introduced the world into a new process, which is characterized by the rapid reduction of geographical distances and the increasing integration of trade, social and political systems with the accelerating process of concluding numerous contracts in the creation, production and consumption. Is. ﺎ ، . In Iranian law and international documents, the scope of customer rights arising from the sale of defective goods can be imagined in two parts: And its mechanisms and in international documents are referred to as non-compliance of goods and defects and related mechanisms. 2. The actual methods of compensation, which raises the possibility of providing damages resulting from the loss of a favorable contractual position both in order to fulfill the obligation and its termination. Basically, in the case of ﻣ In the 1980 Convention on the Elimination of All Forms of Discrimination against Women and the principles of European contract law, in addition to providing for mechanisms to relieve the customer of an unfavorable contractual situation, there is no need to go back. However, in Iranian law this scope is more limited and there is no explicit text regarding the compensation and assignment of damages resulting from the loss of a favorable contractual position; Also, this difference in compensation methods is such that the methods provided in international documents are more diverse, up-to-date and more purposeful than the mostly traditional methods of compensation in Iranian law.