چکیده:
In a sales contract, the goods delivered as the subject matter must conform to the goods specified in the contract. In other words, the same goods that are the subject of the contract and intended by the parties must be delivered. The conformity of goods with the contract includes two aspects: material conformity and legal conformity. Legal conformity of goods includes the right to sell the goods unconditionally, the seller's ownership of the goods, the absence of interference and claims by third parties, etc. Considering the increasing volume of domestic and international transactions, it is necessary to examine the examples and concept of legal conformity of goods. It should also be seen what enforcement guarantees are available in case of legal non-conformity of the goods. This article examines the approach of national legal systems and the Vienna Convention and the solutions foreseen in this regard.
خلاصه ماشینی:
A Discussion on Non-Compliance of Goods with Legal Aspects and its Remedies Ibrahim Abdipour* Assistant Professor, Department of Private Law, Faculty of Law, Qom University Hamidreza Parto PhD in Private Law, Faculty of Law and Political Science, University of Tehran (Date of Receipt: 2009/01/06 - Date of Approval: 2011/01/17) Abstract: In a sales contract, the goods delivered as the subject matter (mabi’) must conform to the contract.
The rights and claims of third parties, among other things, mean that the seller has not fulfilled his obligation to transfer ownership of the goods, and as a result, the buyer has been deprived, wholly or partially, of what he is entitled to according to the contract and the convention (56:2003, Poikela; 14:2006, Bianca).
In any case, in order to benefit from the provisions relating to the execution guarantee of legal non-conformity, it is necessary to observe the following conditions: 1- The right or claim of the third party must exist; 2- This right or claim must arise from the act of the seller and he must be obliged to answer for this claim; this means that the origin of the claim arose before the delivery of the goods to the buyer and when the reciprocal guarantee is incumbent on the seller; 3- The buyer was not aware of the right or claim of the third party at the time of concluding the contract (Article 41 1.
(
, 
, 
)
