A Comparative Study of Fixing Goods in Iranian Law and the International Sale of Goods Convention of Vienna 1980

Seller’s Suggeston of fxing damaged or defected goods and possibility of contract terminaton from buyer is one of the most important topics of major legal systems especially within the internatonal business. This artcle talks about the diferences and similarites between the Internatonal Sale Conventon and Iranian Law so that if Iran decides to join the conventon, it will have accordance with the law and the Sharia. Based on the conventon’s rules the buyer can ask the seller to take actons for fxing the damaged goods. The seller also has the rights of fxing the goods, therefore the buyer cannot terminate the contract, because of violaton of artcle 25 of Conventon and as per artcle 49, unless if the seller does not do anything about fxing the goods. In Iranian law, there is no such a clear rule that would explicitly or implicitly give rights to buyer to ask for fxing the damaged goods from the seller. In the civil law there is a diference between the tme when the goods is personal or general. If the goods is personal, buyer has optons to terminate the contract (artcle 422 of civil law) or receive credits for the damaged goods. And if the goods are general, both seller and buyer have the rights of exchanging them. At the end it could be said that if both partes agree with repair and fxes of the damaged goods, the buyer can ask the seller to fx and repair the goods based on the Principle of Will and due to completon of buying and selling rules.