چکیده:
The seller is obliged to deliver goods that conform to the contract to the buyer. If the delivered goods do not conform to the contract, the question arises whether the seller has the right to conform the goods to the contract. Under the Convention, if delivery occurs before the performance date, the seller may remedy the non-conformity as long as the performance date has not arrived, provided that it does not cause undue hardship or unreasonable expense to the buyer. After the performance date, the seller may remedy the defect only if the contract has not been rescinded and the exercise of said right does not cause unreasonable delay, undue hardship, or uncertainty in compensating the costs incurred by the buyer. In English law, the right to cure defects before the performance date is accepted in judicial practice, but the existence of such a right after the performance date is questionable. In Iranian law, in a general sale, the right to remedy defects exists, and the performance date is not significant in this regard. Nevertheless, by using Articles 478, 481, and 527 of the Civil Code and the famous fatwas of jurists regarding the concept of Khiyar al-Ayb (option of defect), it can be said that if the seller's action to conform the goods to the contract does not cause damage to the buyer, such a right exists for them.
خلاصه ماشینی:
In a specific sale, using Articles 478, 481, and 527 of the Civil Code, based on the well-known behavior of jurists in the subject of the option of defect (Khiyar al-Ayb), it can be said that if the seller's action in conforming the goods to the contract does not cause damage to the buyer, such a right exists for him.
Below, we examine these two cases separately: 1- Request to conform the delivered goods to the contract before the arrival of the performance date According to Article 37 of the Convention: "If the seller has delivered the goods before the delivery date, he may, until that date, deliver the missing part, remedy any deficiency in the quantity of the goods delivered, deliver substitute goods, or remedy any lack of conformity in the goods delivered, provided that the exercise of this right does not cause undue hardship or undue cost to the buyer.
2-1-Conditions for conforming the delivered goods to the contract According to paragraph 1 of Article 48 of the Convention: "the seller may, subject to article 49, remedy any failure to perform his obligations even after the date of delivery, at his own expense, provided that he can do so without undue delay and without causing undue hardship to the buyer or uncertainty as to the reimbursement of costs incurred by him".
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