چکیده:
From the conclusion of a contract until its full implementation, the continuation of the contract may be questioned due to events. For example, if before the deadline for fulfilling the obligation, it becomes clear that the obligor does not intend or is unable to fulfill it, and as a result, the breach of contract is fully expected, the question arises as to whether the creditor can now be entitled to release themselves from reciprocal obligations and file a claim for damages? In the field of international trade, the United Nations Convention on Contracts for the International Sale of Goods grants such a right to the potentially aggrieved party under certain conditions. This article aims to analyze the foundations and conditions for creating the aforementioned right in the Convention and the domestic laws of some countries, including Iran.
خلاصه ماشینی:
Section One: Termination Due to Predictable Breach of Contract in the United Nations Convention on Contracts for the International Sale of Goods The creditor's enjoyment of the right to terminate the contract in cases where the debtor's failure to fulfill its obligations becomes certain before the expiry of the deadline, or is strongly suspected, is explicitly identified in Article 27 of the Convention and conditions are stipulated for its application.
Based on this, it can easily be argued that the existence of the right of termination arising from a foreseeable breach is rooted in the will of the damaged party, because at the time of concluding the contract, it takes shape in his mind that when it becomes clear that the other party is unable or unwilling to fulfill his deferred obligations, he will be free to release himself from the bond of the contract.
The clarity of these foundations in proving this right and the legitimacy of the party The injured party’s reliance on this has been so clear that the principle of necessity for the existence of a provision under which the contract can be terminated due to foreseeable breach was not doubted in any of the discussions before the adoption of the Convention (a group of authors, vol.
Section Two: Condition - Exercising the Right to Terminate Arising from Foreseeable Breach 1- Principle: According to paragraph 2 of Article 27 of the Convention: A party who intends to terminate the contract, if time permits, is obliged to give reasonable notice to the other party to allow him to provide sufficient assurance or guarantee to fulfill his obligations.
(
, 
, 
)
