چکیده:
Non-conformity of the goods with the contract is one of the major claims set forth in the International Arbitration Courts. Vienna 1980 International Convention of selling goods has paid attention to it to stabilize and prevent disruption of commercial contracts and has separated obligation of compliance of goods with pledge from the obligation of delivery as a uniform global rule to comprehensively support the two parties, specially the buyer. That is, the contract is revocable merely on abuse of delivery. But in case of violation of the commitment to compliance, the buyer has no right to terminate and can require the seller to modify or replace the goods with the items set forth in the contract. This separation can be inferred through considering materials 31 and 35 of the Convention. This research addresses the necessity of the separation and its practical uses and then compares it with the views of Imamiah jurisprudents. The separation plan of compliance obligations from the commitment to deliver has been the focus of attention by jurisprudents as “the qualities and conditions of the Contract Law†around which different opinions have been expressed. Imam Khomeini, among other jurisprudents, explicitly recognizes the independence of the requirements of the contract law from the contract itself. On the other hand, although most jurisprudents believe in the inseparability of the requirements of the contract law and the contract, the vast majority of them believe in the separation and segregation based on the rulings on either one and consider the commitment to contract law requirements as compulsory.
خلاصه ماشینی:
This means that the contract is only voidable in the event of a breach of the obligation of delivery; however, in the event of a violation of the obligation of conformity, the buyer does not have the right to rescind the contract but can compel the seller to repair or replace the goods according to the descriptions specified in the contract.
On the other hand, given that most complaints and claims brought before international commercial arbitration courts are regarding the non-conformity of goods with the contract, for this reason, prominent jurists of the world in the United Nations Convention on Contracts for the International Sale of Goods (1980 Vienna) have decided to enact regulations so that, as far as possible, contracts are not voidable, and have placed duties upon sellers to be committed as much as possible to delivering the goods they have undertaken to provide in accordance with the terms and characteristics specified in the contract.
Therefore, in defining the obligation of conformity from a jurisprudential perspective, it can be said: the obligation of conformity is the commitment and duty of the seller to transfer goods that fully conform to the contract in terms of genus, quantity, and other agreed-upon conditions and descriptions, and in the event that no agreement has been made regarding the above items and the lack of agreement between the parties does not cause the invalidity of the contract, it shall be in accordance with customary conditions and practices.
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