Resale of Goods in UN Convention of Contracts for the International Sale of Goods and Its Possibility in Iranian Legal System (1980)

The sixth section of chapter V of the UN's convention of contracts for international sale of goods which deals with effects of sale under preservation of goods title, contains an article that permits resale of goods. In Iranian law, we cannot find any provision that explicitly contains authority to resell goods such as the Article 88 of UN's convention. Therefore, studying in Iranian law the possibility of resale of goods is scientifically useful. Then, we selected three titles in Iranian positive law and Islamic jurisprudence, namely ''Khiyar e takhir e saman" (Option of delayed payment), "hagh e habs" (Carrier's right to sell the goods) and finally "Taghas" (Retaliation) to make closer the national law to the right of resale of goods in international area and compare with it. According to the author's opinion, the possibility of resale in UN's convention is based on the essays of goods processor to determe his duties and prevent further damages. We can see some aspects of these purposes in our positive law and Islamic jurisprudence.