List of Articles CISG

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  1 - Policies of international and Iranian documents on customer rights arising from the sale of defective goods
  Faranak Moazen Ahmad Shams Seyed Mojtaba Mirdamadi ahad bagherzadeh
  10.30495/jlap.2023.22435
  A significant volume of international transactions is carried out in the form of a sales contract, and one of the controversial issues in this contract is the defective product and the range of rights arising from it for the customer. Considering the growing volume of d More

  A significant volume of international transactions is carried out in the form of a sales contract, and one of the controversial issues in this contract is the defective product and the range of rights arising from it for the customer. Considering the growing volume of domestic and international transactions, these rights must be complete in order to eliminate the violation of the right in general. The inadequacy of traditional rights in the discussion of defects, the obsolescence of laws, as well as the potential of Iran to be present in the international trade arena, shows the need to use scientific achievements and ready-made texts and resources that have been accepted at the international level in order to consciously follow the example of They should open a shortcut to advanced rights. This research with a descriptive-analytical method and a comparative approach from documents such as the principles of European contract law, the principles of international commercial contracts and the 1980 Convention on the International Sale of Goods indicates that the range of customer rights due to defective goods in the aforementioned legal systems, the set of performance guarantees is generally based on the institutions of 1. Mandatory execution of the contract; 2. Adjustment of the contract (price reduction; Arash); 3. Termination and 4. The demand for damages is available to the customer and although there are differences, these differences in the bases and principles are not the origin of the effect, and in general, the shared aspects of domestic law with the examined documents are more than the aspects of the dispute. It is its incentive and obstacles, and the possibility of greater coordination and alignment with global procedures and their acceptance is possible. Manuscript profile
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  2 - Good Faith in the International Commercial Law
  کوروش Jafarpour
  The Principle of Good Faith in the law of contracts is one of themost important and fundamental principles. Nowadays this principleis located and mentioned in general rules of international commercialdocuments. It means that Good Faith should be considered andexecuted i More

  The Principle of Good Faith in the law of contracts is one of themost important and fundamental principles. Nowadays this principleis located and mentioned in general rules of international commercialdocuments. It means that Good Faith should be considered andexecuted in every transaction. In this article, the author endeavors toexplaine the importance of this principle in international transactions.In the first part it is tried to explain the concept of Good Faith. Thenit is shown the place of this principle in Common Law and Civil Lawsystems. In the second part of this article, it is explained the place ofGood Faith in international Commercial documents like CISG, PECLand UNIDROIT. In this part we can see the great expansion anddevelopment in the scope of Good Faith principle in new internationalcommercial documents. All of these lead us to have an independent common law. The aim of this study is to consider the notion and elements ofevasion of law in private international law as a limitation of party autonomy.It will consider the relationship of this doctrine to other institutions such asavoidance, public policy, good faith and mandatory rules, and will discusswhether or not it can be considered as a proper device for limiting freedomof choice by the parties. Consideration will also be given to the existenceof this doctrine in private international conventions in particular the RomeConvention on the Law Applicable to Contractual Obligations, 1980. Manuscript profile