Arth prabandh: A Journal of Economics and Management
  • Year: 2015
  • Volume: 4
  • Issue: 1

Prediction of Breach of Contract in The Vienna Convention 1980 and The Iranian Law

  • Author:
  • Mohammad Roshan, Alireza Haji Ahmadi1
  • Total Page Count: 12
  • Page Number: 146 to 157

*Faculty Member, Shahid Beheshti University, Tehran, Iran

1Corresponding author: Alireza Haji Ahmadi

Online published on 13 May, 2015.

Abstract

According to the rules related to the contracting parties in the Iranians laws, the contracting parties may use rules related to contract cancelation when the time of contract implementation reaches. If the seller or buyer concludes rationally before the time of the other party obligation that the other party cannot or is intended to do his obligation, this question is raised that whether warrantee may cancel or suspend the contract by virtue of Articles 71 and 72 of the Vienna Convention on the International Sale of Goods 1980. Although this has been accepted in the related convention, this theory has no legal position in the Iranian statutes. And the main question is that whether these articles can be simulated in the Iranian statutes or not. So, this paper explains the opinions of the parties by comparing the related articles of this convention and internal law.

Keywords

Contract cancelation, anticipatory breach, Convention on the International Sale of Goods, fundamental breach