چکیده:
Avoidance of contracts is one of the remedies against contractual obligations breach has been adopted in different legal systems. There are some questions about its nature and application conditions. Is a contract be avoided by the promisee or court? How are the conditions for avoidance? The essay with descriptive analytic comparative method answers them under law of Iran, Iraq and United Nations Convention on Contracts for the International Sale of Goods, 1980 and surveys some differences and similarities. The studies propose under Iraqi law, promisee must request the judge to avoide the contract and judge is who decide about avoidance conditions and applying it, but avoidance is applied by the party who has avoidance rightin Iranian law and the Convention. Under the Convention, a notice to who has breached the promise in a reasonable time is necessary and takes effect when the notice is sent or received by the addressee. In Iranian law there is any special formalities and immediacy in this case. Generally, the avoidance with promisee’s autonomy and thorough the notice is more acceptable considering economic conditions and specially necessities of international trade because in one hand it is compatible with speed in international trade and on the other hand, it guarantees the other party’s economic security
خلاصه ماشینی:
How Rescission is Exercised in the Event of Breach of Contractual Obligations in the 1980 United Nations Convention on Contracts for the International Sale of Goods, Iranian Law, and Iraqi Law Ali Khairi Jebur* ** Seyyed Mohammad Mehdi Ghaboli Derafshan *** Azam Ansari Preface A contract is one of the most important legal tools that people in society and commercial actors in the international arena use to meet their needs and secure their economic interests.
However, the point that distinguishes Iranian law from the existing international custom reflected in the Convention is that, in principle, the exercise of the right of rescission does not require special formalities, and according to Article 449 of the Civil Code of Iran, "rescission is achieved by any word or act that indicates it.
In the Iraqi legal system, contrary to the Convention and Iranian law, according to the first paragraph of Article 177 of the Iraqi Civil Code, the rescission that has been accepted as a remedy for the breach of contractual obligations is judicial rescission, which only dissolves the contractual relationship through a court order, and from this perspective, plays a very important role for the court in evaluating the breach of contractual obligations and exercising rescission the balcony, in this case, the major part of the obligation has been performed and no opportunity remains for the rescission of the contract, but if the major part of the obligation were not performed, the judge would rule for the rescission of the contract (Hamou, 2011: 71).
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