Vol. 2, Issue 6 (2016)
Observing international commutative contracts and the damage of postpone in rendering properties in the 1980 Convention and comparing it with Iran Civil law
Author(s): Ali Janipoor, Behnam Akbari
Abstract: Commutative contracts are one of the most common and important legal acts. Therefore, a main section of articles of various legal systems is about it. This diversity of systems resulted in various regulations which, in the lack of unified regulations, resulted in problems for contract parties in international commerce. In regard of this discussion about commutative contracts, the damage of postpone of rendering properties should be noted; this issue became more important in the years after the revolution in our country and various positions have been taken by jurisdiction about it. The problem which is paid attention to by commutative contracts parties from long ago is the responsibilities of property damage after making contracts and before rendering it to the costumer. The problem is that until when sellers have responsibilities regarding properties and in other words when liability is transferred to costumers. Answers to this issue in various legal systems are not the same. The present study observes the international commutative contracts comparing to Iran civil law and also damage of delay in rendering properties and consideration in the international commutative contracts convention (Vienn, 1980) and Iran law. Since Iran has not joined the aforementioned convention comparing them is necessary and useful.