خلاصة:
Pacta sunt servanda is one of the most important principles of law. However, some people violate their contract obligations. One remedy for this violation is avoidance of contract. There are some differences regarding conditions which could result in a kind of right to avoid the contract. This research attempts to survey the effect of this avoidance through descriptive-analytic and a comparative method in Iranian and Iraqi law and also in Convention on Contracts for the International Sale of Goods 1980 and analyze differences and similarities in above-mentioned legal systems. The results of this research show that although avoidance of contract leads to the deterioration of the parties' obligations in these three legal systems, there are some differences too. Avoidance of contract has a retrogressive effect in Iraqi and the Convention law but it is refused in Iranian Law. Also, there are some differences which have to be recovered by the parties.
ملخص الجهاز:
The results obtained from this essay show that regarding the effects of contract rescission, although in all three legal systems, rescission of the contract generally leads to the dissolution of the parties' obligations, the acceptance of the retroactive effect for rescission in Iraqi law and the Vienna Convention, and the non-acceptance of it in Iranian law, has caused differences among them.
Keywords: Retroactive effect of rescission, Iranian law, Iraqi law, United Nations Convention on Contracts for the International Sale of Goods, breach of contractual obligations.
The authors of this research endeavor to examine the issue of the effects of contract rescission due to the breach of contractual obligations and various related issues in the laws of Iran, Iraq, and also the United Nations 4 Convention on Contracts for the International Sale of Goods adopted in 1980, and to investigate the similarities and differences between these legal systems.
For example, in paragraph 2 of Article 534 of the Iraqi Civil Code, it is stated: "2- If the payment of the price is in installments, the contracting parties may agree that a portion of it remains with the seller as damages resulting from the rescission of the sale in the event of non-payment of all installments.
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