international sale convention

The issue of determining the price is a matter that is related to the validity of the contract and has been examined in different legal systems. Based on this, we examine this issue in the laws of Iran and England and the international sales convention by looking at the contracts related to medicine and medical equipment.

This research was carried out in terms of practical purpose and in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information was analyzed in a descriptive-analytical manner.

Ethical Considerations: 

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Medicines and medical equipment contracts may be concluded in various forms such as purchase and sale contracts, distribution contracts, or even franchise or agency contracts. Regarding the price of the contract, it should be said that sometimes the price is determined by objective rules and sometimes by personal rules.

According to some previous negotiations and correspondence, the price is clear for the parties, in these cases, the price of the transaction has been implicitly determined, and there is no intention to invalidate the transaction. In addition, Article 223 of the Civil Code, which indicates the integrity of transactions, confirms the above.

The aim of this study was to re-examine the Quranic and jurisprudential evidences of selling self-help as one of the Remedies For Breach Of Contract for the purchase of medical equipment.

This research has been done by library studies and descriptive-analytical method. By referring to Quranic, narrative and scientific texts, the necessary information has been obtained and analyzed.

One of the problems that has arisen in recent years in the field of medical equipment is that for various reasons, including oppressive sanctions, some buyers or sellers of Iranian medical equipment are not able to pay the price or the goods and this factor causes uncertainty. The incidence of material damages and losses to medical equipment activists. The main question of the research is: "What is the ruling on Quranic and jurisprudential arguments regarding the sale of self-help (resale) as one of the Remedies For Breach Of Contract for the purchase of medical equipment?" The findings of the research indicate that the requirements of the holy verse "… فمن اعتدی علیکم فاعتدوا علیه بمثل ما اعتدی علیکم…" (Baqarah: 194) and verses 40 of Surah Shura and verse 126 of Surah An-Nahl and other jurisprudential narrations and rules, including the rule of no Loss principle in Islam and the Retalitation rule, as well as legal provisions in similar matters, not only do not contradict this, but also accept it. However, the principle of agreement must be kept and rights of the other party must be taken into account in this regard, and according to the holy verse "… لا تظلمون ولا تظلمون " (Baqarah: 279), neither party to the deal should be wronged or abused.

Medical equipment contractors can sell the property to another and exercise their rights in order to prevent further damage and uncertainty in the fate of the contract. However, this right and authority should not lead to "oppression", "loss" and "injustice" to the rights of the other party, but from the point of view of the Holy Quran and Islamic traditions, justice and fairness should be observed and the rights of the parties to the transaction should be exercised to the maximum.