Abstract:
The expansion of relations between countries has led to an increase in international transactions, and since conducting a transaction and economic activity in general requires special legal rules, existing rules have naturally undergone quantitative and qualitative changes. In some cases, due to the requirements of international transactions, existing rules in the major legal systems of the world have been directly introduced into the international arena, and sometimes these rules have been agreed upon by countries with certain changes in relevant documents to adapt to the needs of international trade. Among these rules is the rule of 'the existence of the option to rescind due to the anticipation of breach of contract,' which is referred to in Article 72 of the Convention on Contracts for the International Sale of Goods. The purpose of this article is to examine the relationship between this rule and the rules governing the Iranian legal system. To this end, while examining the rules governing the Iranian legal system, we attempt to clarify that although the rule of 'creating an option to rescind due to the anticipation of breach of contract' does not have a legislative or jurisprudential precedent in Iranian law, its acceptance is not inconsistent with any of the rules governing the Iranian legal system and can be used alongside other rules.
Machine summary:
Examination of the Right of Rescission Resulting from the Anticipation of Breach of Contract in the International Sale of Goods Convention and Iranian Law Mansour Amini* Homayoun Mafi** Hossein Azami Chaharborj*** Abstract {IBThe expansion of relations between countries has led to an increase in international transactions, and since conducting a transaction and economic activity in general requires special legal rules, existing rules have naturally undergone quantitative and substantive changes.
Examining the existence or non-existence of the right of rescission in Iranian law By examining the legal texts of Iran, it is observed that there are three types of legal provisions regarding breach of contract: First: The rules governing breach of contract are generally mentioned in Articles 219 to 230 and 235 to 243 of the Civil Code, according to which all enforcement mechanisms address the stage after the actual breach has occurred, and no mention is made of enforcement mechanisms for the anticipation of a breach and its conditions.
Thus, the right of rescission arising from the anticipation of a breach of contract has not been identified as an independent rule in Iranian law or jurisprudential benefits17; however, does this mean that Iran's accession to the International Convention on the Sale of Goods faces a legal obstacle due to the existence of the provision of Article 72 therein?
We also, considering Considering the nature of the rule under discussion, we chose the second method, the result of which is that the option to rescind arising from the anticipation of breach is not based on domestic legal rules; therefore, the existence of Article 72 of the United Nations Convention on Contracts for the International Sale of Goods cannot be an obstacle to Iran's accession to it.
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