The Delivery of Substitute Goods: A Comparative Study in UN Convention on International Sale of Goods and Iranian Law

In sale of goods, the seller is obliged to deliver the conforming goods to the buyer. If the vendor infracts from the obligation of delivery of conforming goods, there are some remedies for buyer. One of these remedies in CISG is the request of delivery of substitute goods. Article 46 (paragraph. 2) of Convention in line of respect to contract (Sanctity of Contract) and assurance of its survival, gives the injured party the right to request of implementation of the obligation in form of delivery of substitute goods. In Iranian law, by analysis of Civil Code and Customer Rights Protection Code, there is no delivery of substitute goods in concept that has come to CISG and is different according to goods type (Unascertained Goods or Specific Goods). In this paper, the delivery of substitute goods in CISG and Iranian law is surveyed. Since Iran has not yet acceded to this Convention, a comparative study between CISG and Iranian law is essential.