چکیده:
The complexity of "relationships" in the field of private law, especially "transactions", is an issue that can not be ignored today. Countless transactions are made daily, some of which are not done properly. Non-compliance of the goods subject to the transaction with the foreseen conditions, including sales, which causes disputes between the parties and imposes certain legal effects on the seller, buyer and even third parties. Certain rules and procedures are set out in Iranian law and in the international law community, such as the 1980 Vienna International Convention, which is often recognized as the only international instrument relating to sale. The results of this study showed that in general, the commonalities of domestic law with the Convention are more than its disputed aspects and obstacles. In Iranian law, the surrender of the buyer in accordance with the contract in terms of quantity, depending on whether the subject of the transfer is specific or general, will have different conditions and enforcement guarantees, while the convention generally provides a rule. Such as quantity, quality, ...) The Convention sets supplementary and non-contractual criteria for determining the conformity of goods with the contract and considers the seller responsible and for this also considers the existence of a series of substantive conditions necessary, but in Iranian law if a specific purpose in If the contract is not stated, merely informing the seller will not make him responsible.
خلاصه ماشینی:
In Iranian law, the delivery of the sold item in accordance with the contract in terms of quantity, whether the subject is the transfer of a specific thing or a generic thing, will have different conditions and enforcement mechanisms, whereas the Convention has established a general rule.
), the Convention has established supplementary and non-contractual regulations to determine the conformity of the goods with the contract and holds the seller responsible, and for this purpose, it also considers the existence of a set of substantive conditions necessary; however, in Iranian law, if no specific purpose is stated in the contract, the mere knowledge of the seller will not result in their liability.
In physical conformity, the delivered goods must comply with the provisions of the contract in terms of description, quantity, quality, and packaging; in legal conformity, the goods must be under the full ownership of the seller, include the right to sell and transfer the sold item, be free from third-party interference, and be free from third-party claims to the usufruct or the substance.
" The Convention also considers "legal conformity" as a prerequisite for the realization of the principle of conformity of the sold item with the contract and has taken explicit positions in this regard; Article 41 of the Convention stipulates: "The seller must deliver goods which are free from any right or claim of a third party, unless the buyer is satisfied in receiving goods subject to a right or claim of a third party.
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