The impact of the seller's request for goods repair on the exercise of the buyer's right of rescission مقاله

چکیده:

When an imperfect sale contract is executed and the sold item does not comply with the agreed terms, whether it is defective or lacks one of the characteristics intended by the parties at the time of the contract, in almost all legal systems, the customer may, under certain conditions, be entitled to rescind the contract; in such cases, if the customer insists on exercising the right of rescission and, on the other hand, the seller seeks the survival and execution of the contract and requests to remedy the non-conformity of the goods and compensate for their shortcoming, a very important and serious question arises regarding whether such a proposal, if reasonable, appropriate, and fair, has any effect on the exercise of the buyer's right of rescission; will it eliminate it? Or will it temporarily suspend it, or can it fundamentally not prevent its exercise, such that the buyer, in any case, despite the seller's readiness to repair the goods, has the right to rescind the contract? In this research, this important question is critically examined in the United Nations Convention on Contracts for the International Sale of Goods (1980 Vienna) and the legal systems of France and Iran. The result shows that in both the Convention and the studied legal systems, despite minor differences in the conditions and regulations of application, there is a general tendency toward accepting the survival and execution of the contract and, consequently, preferring a fair, harmless, and customary offer of repair by the seller over the buyer's right of rescission.